6th Circuit

The Sixth Circuit majority and dissent have an intriguing debate over appellate jurisdiction.

Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.

Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.

A decision by Bankruptcy Judge Maria Oxholm explains why chapter 13 plan amendments sometimes may be easier after confirmation than before.

Courts are split on whether chapter 7 trustees can be paid on another theory when the trustee had made no distributions to creditors under Section 326(a).

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.

Judge Mary Ann Whipple declined to engraft a ‘use’ restriction onto the broad meaning of ‘motor vehicle’ in Ohio.

The bankruptcy court’s inference of intent to hinder the trustee wasn’t supported by the evidence, the district judge says in reversing a denial discharge.

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.