August 26, 2019

Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

9th Circuit

August 08, 2019

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

9th Circuit

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

9th Circuit

July 18, 2019

How to Draft a Judgment to Be Nondischargeable in Bankruptcy

To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.

9th Circuit, California, California Southern District

July 16, 2019

Liquidation Value Required in a Chapter 12 Cramdown

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

9th Circuit, Idaho

July 15, 2019

Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days

The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.

9th Circuit

July 01, 2019

Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says

The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.

9th Circuit

June 17, 2019

An Order Directing Specific Performance Means the Contract Is Not Executory

Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.

9th Circuit, Montana

June 12, 2019

San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

9th Circuit, California, California Northern District

June 06, 2019

Electric Utility’s Customers Denied Official Committee Status in Chapter 11

Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’

9th Circuit, California, California Northern District