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Bankruptcy Court Grants Relief from Stay to Credit Union to Exercise State Law Rights Related to Setoff Against Funds in which the Debtor's Children Hold an Interest
  • Foster Swift Collins & Smith PC
  • USA
  • February 21 2018

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a case that involved mutual claims between the

In Case You Missed It - PACA Trust Rights in Bankruptcy are Just Plain Old Secured Claims
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • February 1 2018

Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case - which really is ground-breaking - but the

Trustee’s Avoidance of Transfer by Chapter 7 Debtors Does Not Necessarily Preclude Debtors from Claiming an Amended Exemption
  • Foster Swift Collins & Smith PC
  • USA
  • November 29 2017

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a bankruptcy case involving a husband and wife

The Hidden Change Order: A Claim for the “Value” of Work Performed Despite Insufficient Documentation to Validate a Change Order
  • Saul Ewing Arnstein & Lehr LLP
  • USA
  • November 10 2017

Most construction contracts (particularly AIA and ConsensusDocs agreements) include precise methods for documenting change orders for work

The Class Action Chronicle - Fall 2017
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • October 13 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to

Filing an early motion to strike class allegations
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • August 23 2017

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to

Bankruptcy Court Upholds Contemporaneous Exchange for New Value Defense in Preference Action
  • Foster Swift Collins & Smith PC
  • USA
  • November 17 2016

The Bankruptcy Code grants a trustee (or a debtor in possession) certain "avoidance" powers to recover payments to creditors made shortly before a

Can’t Stop the Selfie
  • Faruki Ireland Cox Rhinehart & Dusing PLL
  • USA
  • November 2 2016

Justin Timberlakesinger, occasional actor, and creative gift giverrecently caught controversy when he posted a selfie of his vote to his Instagram

RemediationProperty Access: Federal District Court (Michigan) Considers Whether Damages Can be Obtained for Alleged Failure to Address Contamination in a Timely Manner
  • Mitchell Williams Selig Gates & Woodyard PLLC
  • USA
  • November 2 2016

A party (lessee, seller, adjacent landowner that contaminated another property, etc.) undertaking environmental sampling or remediation pursuant to

Sixth Circuit holds cucumber harvesters were employees, not independent contractors
  • Foster Swift Collins & Smith PC
  • USA
  • July 17 2015

On June 22, 2015, the Sixth Circuit Court of Appeals affirmed a judgment from the Western District of Michigan that a farm had violated provisions in