Michigan Eastern District
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.
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.