January 14, 2021
Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
9th CircuitJanuary 13, 2021
Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
9th Circuit, IdahoDecember 10, 2020
Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
9th Circuit, IdahoDecember 09, 2020
Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
9th Circuit, California, California Southern DistrictDecember 08, 2020
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
9th Circuit, ArizonaDecember 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th CircuitDecember 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th CircuitNovember 27, 2020
The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
9th CircuitNovember 23, 2020
Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.
9th Circuit, California, California Central DistrictNovember 12, 2020
Jointly Owned Property Is Presumptively Community Property in California
Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.
9th Circuit, California