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Phillip J. Shefferly

Judge Court Eastern District of Michigan
6th Circuit Michigan Michigan Eastern District May 12, 2020

Judge Shefferly Confines Viegelahn to Its Facts

If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.
Administrative Expense Claims Claims Court Administration Ethics Professional Compensation/Fees Consumer Bankruptcy
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6th Circuit Michigan Michigan Eastern District Mar 10, 2020

HAVEN Act May Be Employed to Reduce Payments Under a Confirmed Chapter 13 Plan

Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.
Plan Confirmation Practice and Procedure Consumer Bankruptcy
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6th Circuit Michigan Michigan Eastern District Nov 30, 2017

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Automatic Stay BAPCPA at 10 Executory Contracts/Leases Practice and Procedure Consumer Bankruptcy Mortgage
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6th Circuit Michigan Michigan Eastern District Apr 18, 2016

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.
Bankruptcy Litigation Practice and Procedure Consumer Bankruptcy
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