August 04, 2020
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
1st Circuit
July 08, 2020
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.
9th Circuit
June 01, 2020
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
10th Circuit, Utah
May 22, 2020
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
10th Circuit, Colorado
May 11, 2020
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
2nd Circuit
April 23, 2020
Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.
9th Circuit
March 26, 2020
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
9th Circuit
March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th Circuit
January 21, 2020
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
9th Circuit
