February 28, 2020
No Fees for a Chapter 13 Trustee in a Case Dismissed Before Confirmation
Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.
9th Circuit, IdahoFebruary 25, 2020
First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
9th Circuit, California, California Central DistrictFebruary 11, 2020
Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge
Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.
9th Circuit, California, California Eastern DistrictJanuary 21, 2020
Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
9th CircuitJanuary 13, 2020
Debt of $46,000 Discharged Despite a Flagrantly False Loan Application
Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.
9th Circuit, California, California Eastern DistrictNovember 22, 2019
Committee Members Must Disclose the True Extent of Their Claims, Judge Says
The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.
9th Circuit, California, California Central DistrictNovember 19, 2019
Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
9th Circuit, OregonNovember 13, 2019
A Motion to Dismiss an Involuntary Petition Only Postpones Filing a Creditor List
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
9th CircuitNovember 08, 2019
Courts Reject BAP Opinion on Estate Property When Individuals Convert from 11 to 7
Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.
9th Circuit, ArizonaNovember 04, 2019
If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
9th Circuit, California, California Eastern District