July 06, 2023
Two Opinions on Disallowance of Compensation After Appointment of a Trustee
‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.
9th Circuit, California, California Eastern DistrictJune 19, 2023
An Alter Ego Suit Doesn’t Violate the Discharge Injunction, BAP Says
At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.
9th CircuitJune 15, 2023
Two Circuits Now Hold: ‘13’ Trustees Aren’t Paid if Cases Dismiss Before Confirmation
The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.
9th CircuitJune 07, 2023
Bartenwerfer Isn’t at Odds with Husky, According to Bankruptcy Judge Margaret Mann
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
9th Circuit, California, California Southern DistrictMay 25, 2023
Do Debtors Get to Keep Post-Confirmation Windfalls in Chapter 13?
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.
9th Circuit, Washington, Washington Western DistrictMay 24, 2023
Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
9th Circuit, California, California Eastern DistrictMay 15, 2023
‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
9th CircuitMay 11, 2023
Student Loans Didn’t Qualify as Commercial Debt for Sub V Eligibility
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.
9th Circuit, IdahoApril 24, 2023
Rule 2004 Discovery Is Available to Creditors in Chapter 15 Cases, California Judge Says
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.’
9th Circuit, CaliforniaApril 19, 2023
A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says
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.
9th Circuit