Rochellel's Daily Wire

February 03, 2016

Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold

Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.

9th Circuit

February 01, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit, California, California Central District

January 26, 2016

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit, Oregon

January 26, 2016

California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty

Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.

9th Circuit, California, California Northern District

January 25, 2016

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit

January 12, 2016

Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation

Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.

9th Circuit

January 12, 2016

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.

9th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 07, 2016

Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts

Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns.

9th Circuit

January 07, 2016

Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits

Ninth Circuit BAP removes another potential barrier to using “chapter 20.”

9th Circuit