August 09, 2022
After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.
August 05, 2022
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
July 14, 2022
The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.
July 13, 2022
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.
June 23, 2022
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
June 22, 2022
An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.
June 17, 2022
With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.
June 08, 2022
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.
June 01, 2022
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.