May 24, 2023
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
May 15, 2023
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
May 11, 2023
The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.
April 24, 2023
Judge Bason of Los Angeles would permit a creditor in ‘limited circumstances’ to undertake Rule 2004 discovery in a chapter 15 case to further the court’s ‘assistance of the foreign main proceeding.’
April 19, 2023
A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.
April 11, 2023
Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.
March 28, 2023
Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.
March 16, 2023
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
March 10, 2023
As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.
February 28, 2023
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.