July 07, 2025
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
9th CircuitDecember 24, 2024
Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
9th CircuitMarch 28, 2024
A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
9th CircuitJanuary 02, 2024
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
9th CircuitDecember 14, 2023
General Objection to Entry of Final Orders Won’t Preserve a ‘Stern’ Objection, BAP Says
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
9th CircuitJuly 11, 2023
Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.
9th CircuitApril 19, 2023
A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says
A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.
9th CircuitNovember 29, 2022
Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
9th CircuitMay 13, 2022
Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
9th CircuitJanuary 14, 2022
Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
9th Circuit