December 14, 2023
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
9th Circuit
December 04, 2023
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
9th Circuit
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.
9th Circuit
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.
9th Circuit
October 30, 2023
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
9th Circuit, Hawaii
October 19, 2023
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
9th Circuit, Oregon
October 18, 2023
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
9th Circuit, California, California Eastern District
September 15, 2023
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
9th Circuit
September 12, 2023
The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.
9th Circuit
