Blog

Lady Bird Deeds in Michigan

           A recent article in the June, 2016 edition of the Michigan Bar Journal has an excellent article by Kary C. Frank, Esq. regarding the history and the various uses of the so-called “Lady Bird Deed”.   The article describes t… Read More
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Categories: Uncategorized

Chapter 13 Creditors MUST File Claims on Time

       The Bankruptcy Appellate Panel for the 6th Circuit, recently overruled a bankruptcy court’s decision to allow claims filed only 8 days after the claims bar deadline. The case, In re Trench, (6th Cir. BAP 15-8026 May 11, 2016), upheld t… Read More
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Categories: Reorganization

Sixth Circuit BAP Rules in Favor of Lien Strip in "Chapter 20"

            In a case decided in July of 2014, the Bankruptcy Appellate Panel for the 6th Circuit Court of Appeals ruled in favor of a Debtor, who originally filed a Chapter 7 and, four months later, filed a Chapter 13 to effectuate a R… Read More
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Categories: Bankruptcy

Debtor as Commercial Lessor - Lessee's Rights Trump Debtor's Right to Sell Real Estate

            In the case of Dishi & Sons, 510 B.R. 696; 2014 U.S. Dist. LEXIS 72698; Bankr. L. Rep. (CCH) P82,658, the District Court for the Southern District of New York upheld a Bankruptcy Court Order that limited a debtor (which own… Read More
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Categories: Bankruptcy

You Might Just be Uncollectable

            Often times I meet with clients who are now retired. They may owe a considerable amount of unsecured debt, including medical bills and credit card debt. They hopelessly owe more than they can repay as their only source of incom… Read More
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Categories: Bankruptcy

Secured Creditor Rewarded for Failing to Participate in Chapter 11 Proceedings - Fifth Circuit Leaves Lien Intact

            The Fifth Circuit Court of Appeals in the case of S. White Transportation, Inc., 725 F.3rd 494 (2013) recently allowed a secured creditor’s lien to stand, completely unimpaired, in the face of a confirmed Chapter 11 Plan… Read More
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Categories: Bankruptcy

Court of Appeals Rules Bankruptcy Court has no Jurisdiction to Determine Professional Fees for Terminating Retirement Plan

            In a decision of first impression, the United States Court of Appeals for the Second Circuit, in the matter of Robert Plan Corporation, 2015 WL 467707 (C.A. 2), reversed the Bankruptcy Court and sustain the District Court, ruli… Read More
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Categories: Bankruptcy

Rights of Secured Creditors to "Credit Bid" Upheld in Recent Case

            Our friend, Alan Lepene of Thompson Hine, LLP in Cleveland (along with a couple of his partners) has recently written about a new bankruptcy case, decided by the United States Bankruptcy Court for the Western District of Tennes… Read More
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Categories: Bankruptcy

Some Hope for Student Loan Discharge

              Currently, it is nearly impossible to discharge your student loans. This has not always been the case. In under previous versions of the Bankruptcy Code, if a Debtor had made attempts to repay the student loans for a per… Read More
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Categories: Bankruptcy

Proof of Claim Violates Fair Debt Collection Practices Act

The Eleventh Circuit has held in Crawford v. LVNV Funding, LLC 758 F.3d 1254 (11th Cir. 2014) that a claim filed by LVNV Funding LLC for a debt beyond the statute of limitations violated the Fair Debt Collection Practices Act.   Although other cour… Read More
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Categories: Bankruptcy

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