Michigan Eastern District

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.

Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership

Strict adherence to Michigan law required for ownership of an automobile.

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

Award of Attorneys’ Fees to the Government Is a Dischargeable Debt

Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.

Chapter 7 Debtors Might Benefit from Jevic by Analogy

Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7

Detroit judge makes auto lease assumption valid without parallel reaffirmation.

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

Mortgages Command Priority over Legal Fees in a Chapter 13 Plan

Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

Pages