Help Center

6th Circuit

Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says

Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.

Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

Sixth Circuit Pronounces a Two-Prong Test to Determine ‘Finality’

Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

Sixth Circuit Panel Splits on the Attributes of a ‘Governmental Unit’

Sixth Circuit narrowly rules that a community health service is not a governmental unit and is thus eligible for chapter 11.

Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine

Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.

Terminating a Lease for Default Doesn’t Invoke the § 362(b)(10) Stay Exception

Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.

Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

Mandatory Abstention Applies to an Entire Adversary Proceeding, Not Individual Claims

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.

Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.