9th Circuit

A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says

Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.

Court :

9th Circuit

Stay Violation Upheld Despite ‘Ambiguity’ About the Debtor’s Interest in the Property

Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?

Court :

9th Circuit

Washington

Washington Western District

A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says

Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.

Court :

9th Circuit

Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?

Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.

Court :

9th Circuit

Solvent Debtor’s Unimpaired Creditors Get Higher Interest Rate, Ninth Circuit Says

Dissenter in the Ninth Circuit would have held that unimpaired creditors of a solvent debtor get no interest whatsoever, although impaired creditors are entitled to interest.

Court :

9th Circuit

A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June

After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.

Court :

9th Circuit

California

California Central District

Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs

The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).

Court :

9th Circuit

BAPCPA Didn’t Entirely Stop Mortgages from ‘Riding Through’ Chapter 7

The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.

Court :

9th Circuit

Nevada

District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’

On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

Court :

9th Circuit

Washington

Washington Western District

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, BAP Says

BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

Court :

9th Circuit

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