August 18, 2016

Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims

A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.

9th Circuit, California, California Northern District

August 15, 2016

California Judge Adopts Minority View on Automatic Termination of the Stay

District judge follows Ninth Circuit BAP on stay termination for serial filers.

9th Circuit, California, California Northern District

August 12, 2016

Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds

Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’

9th Circuit

August 11, 2016

Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim

Arizona debtors are stuck with the homestead claimed on the filing date.

9th Circuit, Arizona

August 10, 2016

Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.

9th Circuit, Arizona

August 05, 2016

Divorcing Couples Not Stuck with Exemptions Claimed at Filing

You need two homestead exemptions? Divorce is the answer.

9th Circuit

July 29, 2016

California Supreme Court Will Finally Rule on ‘Unfinished Business’ Doctrine

Ninth Circuit certifies question that has bedeviled lawyers leaving failing firms.

9th Circuit

July 27, 2016

Ninth Circuit B.A.P. Classifies a Loan for Living Expenses as a Business Debt

Personal loan with a profit objective becomes a business debt.

9th Circuit

July 15, 2016

Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns

Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.

9th Circuit

Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels

Ninth Circuit will decide en banc whether BAPs were “established” by Congress.

9th Circuit