January 07, 2025

Debt Held Nondischargeable as to Someone Who Didn’t Commit a Defalcation

Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.

9th Circuit, Hawaii

October 30, 2023

Judge Faris Explains Why a Hypothetical Chapter 7 Sale Isn’t Necessarily ‘FMV’

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

February 11, 2022

Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says

Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.

9th Circuit, Hawaii

February 05, 2018

Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim

Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.

9th Circuit, Hawaii