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    Applying “Intent” Standard For Denying A Discharge Under § 727(a)(2) (Wylie v. Miller)
    2024-07-23

    Under 11 U.S.C. § 727(a)(2), an individual debtor may be denied a discharge, in its entirely, for making a transfer “with intent to hinder, delay, or defraud” a creditor or the trustee.

    On April 17, 2023, the Bankruptcy Court for Eastern Michigan ruled:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Tax, Koley Jessen PC, Bankruptcy, Debtor, Trustee, United States bankruptcy court, Sixth Circuit, US District Court for Eastern District of Michigan, U.S. Court of Appeals
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Insurance Company Cannot Deny D&O Coverage for Acts Causing Bankruptcy
    2019-08-23

    The Bottom Line

    In CMH Liquidating Trust v. National Union Fire Insurance Company of Pittsburgh, PA, Case No. 16-cv-14434 (E.D. Mich. 2019) (“CMH”), the District Court for the Eastern District of Michigan held that an insurance policy that was renewed post-petition was still an executory contract, and thus, a provision denying coverage for acts leading to bankruptcy was a prohibited ipso facto clause.

    What Happened?

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    District Court Affirms that Civil Fraud Penalties are Nondischargeable in Chapter 13 Bankruptcy Cases
    2016-12-13

    Many bankruptcy cases involve adversary proceedings in which creditors seek to have certain debts deemed nondischargeable. The United States District Court for the Eastern District of Michigan (the “District Court”) recently considered, on appeal, whether the Bankruptcy Court properly held that a debt owed by a debtor (the “Debtor”) to the State of Michigan Unemployment Insurance Agency (the “Agency”) is dischargeable in a Chapter 13 case.1

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Chapter 7 Debtor’s Case Dismissed After Court Finds that She is Judicially Estopped from Arguing that Student Loan Debts are Non-Consumer in Nature
    2016-09-21

    While bankruptcy relief is available as a tool for individuals to discharge debts, it is not available to everyone, under all circumstances. Before a debtor can, for example, discharge debts in a Chapter 7 bankruptcy, he or she must prove that debts and income are within certain statutory thresholds. When determining whether an individual is eligible for relief, the nature of the debts at issue is also relevant.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of Case
    2016-07-05

    What happens to funds held by a Chapter 13 trustee (the “Trustee”) in the event that a Chapter 13 debtor dismisses her case voluntarily? That’s the question that was addressed by the United States Bankruptcy Court for the Eastern District of Michigan (the “Court”) in a recent opinion.1

    In this case, the Chapter 13 debtor (the “Debtor”) owned a residence with significant equity. The Court confirmed a plan pursuant to which the Debtor would retain her residence and make monthly payments to the Trustee in the amount of $8,500.75 for 60 months.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Debtor, Unsecured debt, Motion to compel, Default (law), Default (finance), Voluntary dismissal, Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Full Christie’s report issued on Detroit Institute of Arts collection, city holding the cards to push for negotiated grand bargain
    2013-12-19

    After Judge Rhodes of the Bankruptcy Court for the Eastern District of Michigan ruled on December 3, 2013 that the city of Detroit is eligible for Chapter 9 Bankruptcy protection, the city immediately 

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Leisure & Tourism, Litigation, Sullivan & Worcester LLP, US District Court for Eastern District of Michigan
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Government employee pensions may now be fair game for cuts during bankruptcy restructuring
    2013-12-12

    On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the specific legal criteria required to receive protection from its creditors and thus could formally enter bankruptcy.  The district court further determined that the city’s obligation to pay pensions in full was not "untouchable" while working and negotiating with creditors in restructuring its debt.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, US District Court for Eastern District of Michigan
    Authors:
    Imad Abdullah
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Detroit, Michigan, eligible to file Chapter 9 bankruptcy
    2013-12-13

    On December 5, 2013, Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan held that the city of Detroit had satisfied the five expressly delineated eligibility requirements for filing under Chapter 9 of the US Bankruptcy Code1 and so could proceed with its bankruptcy case.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Sixth Circuit, US District Court for Eastern District of Michigan
    Authors:
    J. Robert Stoll , Sean T. Scott , Dr. Jens Peter Schmidt , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
    2013-12-06

    On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code.  In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D. Mich. Dec.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Constitutionality, Title 11 of the US Code, US District Court for Eastern District of Michigan
    Authors:
    Ingrid Bagby , Thomas Curtin , Mark C. Ellenberg , Ivan Loncar , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Detroit bankruptcy will proceed, judge’s comments about Detroit Institute of Arts could affect involvement or sale of artwork
    2013-12-03

    The Hon. Steven W. Rhodes of the U.S.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Media & Entertainment, Sullivan & Worcester LLP, US District Court for Eastern District of Michigan
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP

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