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.
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.