Sixth Circuit Permits Nondebtor Family Members to Continue the Family Business
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.
BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit
The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps
The appeals court sticks to basics and rejects several clever arguments to beat a preference.
Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
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.
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).