Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
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Guarantee of a Lease Survives Rejection if the Tenant Remains in Possession
District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.
Court:
A Payment to a Death Beneficiary Under an IRA Is Not Estate Property
Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.
Sixth Circuit Creates a Split: The 14-Day Deadline for an Appeal Is Not Jurisdictional
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
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Detroit Judge Criticizes the Second Circuit’s Tribune Decision on the Safe Harbor
The Supreme Court is considering whether to review another case defining the safe harbor in Section 546(e).
Substituting a Trustee as the Party in Interest Isn’t Amending the Complaint
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
Michigan Judge Prefers Dismissal if Conversion Won’t Benefit Unsecured Creditors
The parties judged the chapter 11 case a success, even though unsecured creditors got zilch.
District’s Model Chapter 13 Plan Violates the Code by Requiring More than 60 Payments
Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.
An Undersecured Lender Can Indirectly Waive the Right to an 1111(b) Election
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.