November 05, 2024
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
October 31, 2024
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
October 18, 2024
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
October 08, 2024
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
October 04, 2024
In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.
September 23, 2024
Alter ego claims belong to the creditor, not to the bankrupt estate.
September 19, 2024
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
September 11, 2024
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
September 09, 2024
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
September 03, 2024
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.