September 28, 2022
A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
9th CircuitSeptember 26, 2022
Stay Violation Upheld Despite ‘Ambiguity’ About the Debtor’s Interest in the Property
Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?
9th Circuit, Washington, Washington Western DistrictSeptember 14, 2022
A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says
Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.
9th CircuitSeptember 12, 2022
Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
9th CircuitAugust 31, 2022
Solvent Debtor’s Unimpaired Creditors Get Higher Interest Rate, Ninth Circuit Says
Dissenter in the Ninth Circuit would have held that unimpaired creditors of a solvent debtor get no interest whatsoever, although impaired creditors are entitled to interest.
9th CircuitAugust 09, 2022
A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June
After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.
9th Circuit, California, California Central DistrictAugust 05, 2022
Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
9th CircuitJuly 14, 2022
BAPCPA Didn’t Entirely Stop Mortgages from ‘Riding Through’ Chapter 7
The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.
9th Circuit, NevadaJuly 13, 2022
District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’
On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
9th Circuit, Washington, Washington Western DistrictJune 23, 2022
Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, BAP Says
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
9th Circuit