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February 09, 2024

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

February 01, 2024

A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

January 29, 2024

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

January 22, 2024

A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.

January 02, 2024

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.

December 14, 2023

Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.

December 04, 2023

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

November 28, 2023

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

November 20, 2023

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.

November 08, 2023

We focus on ethics two days in a row, given the recent disturbing events in Houston.