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Sixth Circuit Holds That Right to Article III “Judicial Power” is Not a Waivable Right

Submitted by Anonymous (not verified) on Wed, 10/31/2012 - 18:00

In a recent opinion, the Sixth Circuit has provided clarification of Stern v. Marshall's1 holding by analyzing Article III “judicial power,” the pubic rights doctrine, and the bankruptcy court's authority.

Only trustee, not debtor, can bring lawsuit on pre-petition cause of action

Submitted by Anonymous (not verified) on Sun, 10/28/2012 - 18:00

Auday v. Wet Seal Retail, Inc., Case No. 12-5057 (6th Cir., Oct. 25, 2012) (recommended for full-text publication). 

Bankruptcy practice reminder: Complaints require “well-pleaded factual allegations,” not just legal conclusions

Submitted by Anonymous (not verified) on Mon, 10/22/2012 - 19:00

Moyer v Koster et al (In re Przybysz), Adv. Pro. Case No. 12-80174 (Hon. Scott W. Dales, Sept. 25, 2012).
A recent decision from the Bankruptcy Court of the Western District of Michigan serves as a lesson and reminder to attorneys that complaints must do more than recite legal conclusions – they also must allege sufficient facts to put defendants on notice of the claims and of possible defenses. Read More ›

6th Circuit: Michigan Bankruptcy-Specific Exemption Statute is Constitutional

Submitted by Anonymous (not verified) on Thu, 08/23/2012 - 19:00

The Sixth Circuit Court of Appeals recently held that Michigan's bankruptcy-specific exemption statute is constitutional under the Bankruptcy Clause and Supremacy Clause of the United States Constitution.
Historically, Michigan has allowed bankruptcy debtors to use the federal exemptions under 11 U.S.C. § 522(d), the general state exemptions under M.C.L. § 600.6023, or the state exemptions pursuant to M.C.L. § 600.5451 that are specific to debtors in bankruptcy (prior to it being declared unconstitutional).

Automatic Stay Does Not Bar Injunctive Relief Relative to Debtors' Commission of a Tort

Submitted by Anonymous (not verified) on Sun, 08/19/2012 - 19:00

The Sixth Circuit Court of Appeals recently affirmed a decision of the United States District Court for the Southern District of Ohio based upon the District Court's holding that the automatic stay does not prevent the issuance of injunctive relief. Read More ›
Tags: 6th Circuit Court of Appeals

Interpretations of Stern in the Western District of Michigan

Submitted by Anonymous (not verified) on Sun, 07/22/2012 - 19:00

This blog entry includes material originally prepared by the author for the 2012 FBA Bankruptcy Seminar. 

In re Seafort, Case No. 10-6248, Sixth Circuit Court of Appeals, February 15, 2012

Submitted by Anonymous (not verified) on Wed, 03/07/2012 - 19:00

On an issue of first impression before the Sixth Circuit, the Court held that post-petition income that becomes available after a debtor completes repayment of a 401(k) loan is projected disposable income that must be turned over to the Trustee for distribution to unsecured creditors pursuant to Section 1325(b)(1)(B) and may not be used to fund voluntary 401(k) plans.

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