December 15, 2022
Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
9th Circuit, California, California Eastern DistrictDecember 06, 2022
The Ninth Circuit BAP Revisits the First Semester of Law School Contracts
Agreement on the price and nothing else short of an enforceable contract.
9th CircuitDecember 05, 2022
DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment
Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.
9th Circuit, California, California Eastern DistrictNovember 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 CircuitNovember 23, 2022
Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property
The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
9th CircuitNovember 18, 2022
Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
9th CircuitNovember 15, 2022
Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
9th Circuit, IdahoNovember 08, 2022
Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
9th CircuitNovember 04, 2022
Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
9th Circuit, Washington, Washington Western DistrictOctober 28, 2022
Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
9th Circuit