Action by Three Courts Required to Settle an Appeal in the Circuit Court
Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.
Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake
If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.
Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7
Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’
Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired
Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds
Although not required to file claims, secured creditors must comply with the deadline if they do.
Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates
Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.
Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
Strict adherence to Michigan law required for ownership of an automobile.