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ABI Journal

Rochellel's Daily Wire

September 03, 2021

Another Circuit Holds that Dismissal Is Mandatory Under Section 1307(b)

The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.

9th Circuit

August 18, 2021

Debtors Can’t Easily Glom Uncashed Distribution Checks

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.

9th Circuit, California, California Eastern District

August 04, 2021

Chapter 13 Trustees Are Paid Even if Dismissal Comes Before Confirmation, BAP Says

The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.

9th Circuit

August 02, 2021

A Motion to Dismiss as of Right Doesn’t Bar the Court from Dismissing with Prejudice

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

9th Circuit

June 30, 2021

Concurrence Doubts Ninth Circuit Precedent Barring a Creditor from Enforcing the Stay

Two judges appointed to the Ninth Circuit by President Trump disagree about the ability of a creditor to enforce the automatic stay for its benefit or to protect the estate.

9th Circuit

June 28, 2021

Judgment for Sexual Discrimination Automatically Made the Debt Nondischargeable

Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.

9th Circuit

June 16, 2021

Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order

So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.

9th Circuit, California, California Central District

June 15, 2021

Ninth Circuit Puts Limits on the Supreme Court’s Preclusion of Equitable Remedies

Law v. Siegel didn’t bar bankruptcy courts from invoking doctrines of claim and issue preclusion, the Ninth Circuit says.

9th Circuit

June 14, 2021

Chapter 13 Debtors Lost Appreciation in Property After Conversion to ‘7’

On an issue where the courts are split, a judge in Washington State says 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 District

April 19, 2021

A District Court Rules that the U.S. Trustee Fee Increase Isn’t Retroactive

California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.

9th Circuit, California, California Central District