‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says
A failure to distinguish between res judicata and collateral estoppel turned out to be costly.
Statute of Limitations Wasn’t Tolled During Bankruptcy, Sixth Circuit Rules
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
A Creditor Must Tell a Non-Bankruptcy Court to Stop Violating the Stay
A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, BAP Says
Bullard and Ritzen combine to constrict the right of appeal in the Sixth Circuit.
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?