Rochelle's Daily Wire

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.

Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.

Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.

Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.

Circuit Judge Sutton shied away from making a wife liable for her husband’s debts, even though the wife carried on the husband’s farming business.

The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’

The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.

Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?

The appeals court sticks to basics and rejects several clever arguments to beat a preference.