Michigan Eastern District
Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Sovereign immunity protects a tribe even after successful veil piercing.
‘Stay and pay’ may not be permissible, but the remedies can be toothless.