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Michigan

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.

“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.

Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment

Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

Narrow Ipso Facto Clauses Can Be Unenforceable

Code provisions voiding ipso facto clauses are interpreted broadly.

Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property

District judge refuses to give automatic stay protection to a tax evader.

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake

If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.

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