March 28, 2024
A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
9th CircuitMarch 27, 2024
Bankruptcy Courts Have Jurisdiction and Power to Compel Payment of Counsel Fees
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
9th CircuitMarch 05, 2024
Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
9th CircuitFebruary 29, 2024
Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
9th Circuit, ArizonaFebruary 14, 2024
May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
9th Circuit, California, California Central DistrictFebruary 09, 2024
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
9th Circuit, IdahoFebruary 01, 2024
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
9th Circuit, California, California Eastern DistrictJanuary 29, 2024
Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
9th Circuit, OregonJanuary 22, 2024
An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
9th CircuitJanuary 02, 2024
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
9th Circuit