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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.

April 21, 2020

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

April 20, 2020

ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.

April 10, 2020

Filing with PACER should be left to the experts, by which we mean paralegals.

April 06, 2020

Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.

April 03, 2020

If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.

April 01, 2020

Circuit says it’s easy to show reasonable reliance on a false financial statement.

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.

March 24, 2020

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.