June 04, 2025
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
June 03, 2025
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
May 30, 2025
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
May 07, 2025
The Ninth Circuit BAP explains why Bartenwerfer didn’t open the door to vicarious liability for all forms of nondischargeability in Section 523(a).
April 30, 2025
If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.
April 29, 2025
The panel trustee had been found in state court to be a spousal abuser who lied in obtaining a Covid loan.
April 24, 2025
Given that chapter 7 has remedies like denial of discharge for a debtor’s misconduct, bad faith in chapter 11 doesn’t allow dismissal on conversion to chapter 7.
April 16, 2025
After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.
April 11, 2025
Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.
March 25, 2025
Reversing the BAP, the Ninth Circuit held that equitable considerations may stop the government from recovering disability overpayments, when the doctrine of recoupment otherwise would have allowed recovery despite the debtor’s chapter 7 discharge.
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