January 22, 2018

BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.

9th Circuit

May 05, 2017

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

9th Circuit

October 26, 2016

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit

January 25, 2016

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit