6th Circuit

Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.

Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud

Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.

Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?
6th Circuit Dec 28, 2021

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
6th Circuit Dec 27, 2021

Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures

Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.
6th Circuit Dec 16, 2021

Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access

At the courthouse, the public is only entitled to free access to papers filed in that district.
6th Circuit Aug 16, 2021

Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion

A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
6th Circuit Aug 10, 2021

Congress Must Decide: May Chapter 13 Debtors Contribute to 401(k) Plans?

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.
6th Circuit Jun 9, 2021

Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing

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.