Debtor-Creditor Rights

More Information

Judith Greenstone Miller
Jaffe, Raitt, Heuer & Weiss, PC
27777 Franklin Rd, Ste 2500
Southfield, MI 48034-8214
(248) 727-1429
jmiller@jaffelaw.com

Marc N. Swanson
Miller Canfield Paddock and Stone
150 W Jefferson Ave, Ste 2500
Detroit, MI 48226-4415
(313) 496-7591
swansonm@millercanfield.com

Co-Vice Chairs:

Paul R. Hage
Jaffe Raitt Heuer & Weiss PC
27777 Franklin Rd, Ste 2500
Southfield, MI 48034-8222
(248) 351-3000
phage@jaffelaw.com

Shanna M. Kaminski
Varnum LLP
160 W Fort St, Fl 5
Detroit, MI 48226-3700
(313) 481-7332
smkaminski@varnumlaw.com

Emeritus Chair:

Judy B. Calton
2321 Chestnut Dr
Bloomfield Hills, MI 48304
(248) 496-6377
judy.b.calton@gmail.com

 

Recognizing Judy B. Calton

Please join us in recognizing Judy B. Calton for her many years of service as Co-Chair of the Debtor/Creditor Rights Committee (“Committee”) and congratulating her on having been elected by the Business Council of the Business Law Section (“Business Council”) as Emeritus Chair of the Committee. Marc N. Swanson of Miller Canfield has now been elevated by the Business Council to serve as Co-Chair of the Committee with Judith Greenstone Miller of Jaffe. Shanna M. Kaminski of Varnum has been elected by the Business Council to serve as the new Co-Vice Chair of the Committee with Paul R. Hage of Jaffe. We look forward to working with you.

Judith Greenstone Miller and Marc N. Swanson,
Co-Chairs of the Committee

Paul R. Hage and Shanna M. Kaminski,
Co-Vice Chairs of the Committee

Federal Rule of Bankruptcy Procedure 2004(c) Comments

The Debtor/Creditor Rights Committee submitted the attached formal written Comments to proposed amended Federal Rule of Bankruptcy Procedure 2004(c). We are providing you with the Comments so that you are aware of the action taken by the Committee that was approved by the Executive Committee of the Business Law Council of the State Bar of Michigan. If you have any questions about the Comments, please feel free to contact one of us.

Judith Greenstone Miller
Co-Chair of the Committee

Judy B. Calton
Co-Chair of the Committee

Paul R. Hage
Vice Co-Chair of the Committee

Marc N. Swanson
Vice Co-Chair of the Committee

A Summary of the 6th Circuit Court of Appeals’ Decision in Kohut v. UnitedHealthcare Insurance Co.

Jeffrey Grasl prepared the posted article on a recent 6th Circuit Court of Appeals’ decision in Kohut v. UnitedHealthcare Insurance Co. (In re LSC Liquidation, Inc.). A transcript from the hearing held in the Bankruptcy Court is also posted, in which the 6th Circuit Court of Appeals affirmed the Bankruptcy Court ruling allowing a sale order to be amended to include the debtor’s health insurance contracts with United Healthcare Insurance Co. (“United”) as assumed contracts under § 365. The result of the decision allowed United to claim a complete defense to alleged preferential transfer claims asserted by the liquidating trustee against United and the ultimate dismissal of the adversary proceeding with prejudice.