Undisclosed Assets Revest in the Debtor After Dismissal but Not After Closing, BAP Says
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
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Ninth Circuit Joins the Fifth by Endorsing the ‘Snapshot Rule’ for Exemptions
By adopting a BAP opinion, the Ninth Circuit backed away from disallowing exemptions when a debtor disposes of exempt property after the filing date.
Landlord Socked $606,000 for Opposing Lease Assumption
Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.
The Outer Limits of Discharge Explored by the Ninth Circuit BAP
Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
An Individual Can’t Assume a Lease by Reaffirming the Debt
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
Promising Payment in Full to Everyone Doesn’t Warrant Confirmation by Itself
Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.
Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.