February 25, 2022
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central District
February 15, 2022
District judge in Idaho finds no ambiguity in a statute that doesn’t explicitly say whether a chapter 13 trustee is paid if the case is dismissed before confirmation.
9th Circuit
February 11, 2022
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.
9th Circuit, Hawaii
February 02, 2022
A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
9th Circuit
January 14, 2022
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
9th Circuit
January 07, 2022
The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
9th Circuit
December 14, 2021
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
9th Circuit
December 10, 2021
A panel of the Ninth Circuit implicitly urged en banc reversal of two decisions holding that a homestead exemption is lost if the proceeds are not reinvested within the time required by state law, even if the exemption was valid on the filing date.
9th Circuit
December 03, 2021
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
9th Circuit
December 02, 2021
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
9th Circuit
