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6th Circuit

A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.

Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation

If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.

“Substantial Contribution” Claim Allowed in Chapter 13

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

PACA Trust Claims Don’t Defeat the Power to Use Cash Collateral

PACA trust creditors can’t hold a chapter 11 debtor hostage, judge rules.

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.