Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
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Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
General Objection to Entry of Final Orders Won’t Preserve a ‘Stern’ Objection, BAP Says
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.