Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
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‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
Exotic Aircraft Finance Defeats a Trustee on Recharacterization
Electing English law upheld, even though no one had any connection with the U.K.
California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
A Liquidating Plan Doesn’t Automatically Pass the Best Interests Test, BAP Says
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?
Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
Lower Courts Now Disagree on Modifying the Stay Retroactively After Acevedo
Did the Supreme Court’s Acevedo opinion preclude annulling the stay? The Ninth Circuit BAP says ‘no.’
Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says
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.