Skip to main content
ABI Journal

Rochellel's Daily Wire

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, Idaho

February 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 District

February 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 District

January 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 Circuit

January 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 District

November 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 District

November 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, Oregon

November 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 Circuit

November 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, Arizona

November 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