December 6, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
July 21, 2021
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.
February 5, 2021
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.
January 29, 2021
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
September 1, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 24, 2020
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
July 23, 2020
The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.
February 20, 2020
Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.
September 4, 2019
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
June 3, 2019
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.