Category archive for ‘Chapter 11 Bankruptcy’ 
Bankruptcy Can Be Involuntary
by Richard Stokan on 7/12/10 | 0 Comment(s)
Although most people are familiar with voluntary bankruptcy, a debtor can be forced into an involuntary bankruptcy. Under certain circumstances, creditors can initiate a Chapter 7 or Chapter 11 bankruptcy case by filing an involuntary petition against the debtor. Before creditors can initiate an involuntary bankruptcy, a debtor must have 12 or more creditors, three [...]
Bankruptcy and Appeals
by Drew Broaddus on 5/28/10 | 1 Comment(s)
In most consumer bankruptcies (i.e., non-business bankruptcies), there will be no adversary proceedings, challenges to discharge, or other contested issues and in turn, no issues for you or anyone else to appeal. However, every case is unique, and any bankruptcy could require the bankruptcy court to rule upon certain issues. If a party in interest [...]
Has The Milavetz Decision Eviscerated The Earmarking Doctrine?
by John O'Connor on 5/17/10 | 0 Comment(s)
In Milavetz, the Supreme Court held that bankruptcy attorneys are prohibited from advising clients to incur debt in contemplation of filing for bankruptcy. Justice Sotomayor’s vague attempt to limit the reach of this prohibition is less than helpful. “Advice to incur more debt because of bankruptcy, as prohibited by §526(a)(4), will generally consist of advice [...]
Where Do I File for Bankruptcy?
by Drew Broaddus on 4/02/10 | 3 Comment(s)
Although our firm practices bankruptcy law in Michigan’s Eastern District (which has courthouses in Detroit, Bay City, and Flint), we frequently receive calls from prospective clients located throughout the state. In many cases, these individuals are surprised to learn that their case would have to be filed in Michigan’s Western District (which has courthouses in [...]
Bankruptcy Pleading Standards After Twombly and Iqbal
by Drew Broaddus on 3/19/10 | 1 Comment(s)
On March 16, 2010, the U.S. Bankruptcy Court for the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) announced on its website that the next meeting of the Debtor/Creditors’ Rights Committee of the Business Law Section of the State Bar will include an educational program on Bankruptcy Pleading Standards after the U.S. [...]
What is Involuntary Bankruptcy?
by Drew Broaddus on 1/15/10 | 0 Comment(s)
Many of the entries on this site deal with the decision to file bankruptcy. (See here for examples). However, there are instances where an individual can be forced into bankruptcy when they have not actually filed a petition. This is called an “involuntary bankruptcy” and is covered by 11 U.S.C. Sec. 303. Such proceedings [...]
What The Godfather Can Teach Us About the Morality of Filing For Bankruptcy
by John O'Connor on 1/03/10 | 1 Comment(s)
The decision to file for bankruptcy isn’t personal, “it’s strictly business.” Family comes first. Morality is of paramount concern to many faced with the decision of whether to file for bankruptcy. Most who incur debt intend to pay it back, hence waving the “financial white flag” and meeting with a bankruptcy attorney can be difficult, it [...]
Eastern District of Michigan Bankruptcy Court Seeks to Clarify Recent Local Court Rule Changes
by Drew Broaddus on 12/04/09 | 1 Comment(s)
As I have discussed here and on my firm’s website, the U.S. Bankruptcy Court for the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) has recently enacted a number of changes to its local court rules. In order to assist Michigan bankruptcy attorneys in understanding at least some of the recent changes [...]
Detroit Bankruptcy Attorneys Receive Notice of Local Court Rule Amendments
by Drew Broaddus on 11/25/09 | 1 Comment(s)
This morning, attorneys registered for electronic filing in the U.S. Bankruptcy Court for the Eastern District of Michigan (which has divisions in Detroit, Bay City, and Flint) received an e-mail containing a “Notice Regarding Adoption of Amended Local Bankruptcy Rules.” On November 2, 2009, the United States District Court approved amendments to the Local Bankruptcy [...]
Eastern District of Michigan Bankruptcy Court Issues “State of the Court” Report
by Drew Broaddus on 11/20/09 | 1 Comment(s)
On October 8, 2009 Chief Judge Phillip J. Shefferly issued the “State of the Court” report for the U.S. Bankruptcy Court for the Eastern District of Michigan (which has divisions in Detroit, Bay City, and Flint). The report discusses a number of issues of interest to bankruptcy practitioners. For example, the Court reported statistics which [...]
