Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Bankruptcy Judge Lloyd limits a recent Sixth Circuit opinion to its facts in holding that a bank was not liable to pay professional fees from a cash collateral carveout.
Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?
A failure to distinguish between res judicata and collateral estoppel turned out to be costly.
Sanctions weren’t justified for attempting to collect a time-barred tax claim.