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ABI Journal

9th Circuit

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit

Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation

The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.

9th Circuit

U.S. Trustee May Not Appoint an Unsecured Committee in a Municipal Bankruptcy

California judge sides with former Bankruptcy Judge Steven Rhodes by holding that the U.S. Trustee does not have statutory power to appoint an unsecured committee in a chapter 9 case.

9th Circuit
California
California Eastern District

Non-Debtor’s Creditors Must Have Notice of Substantive Consolidation, Circuit Says

Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.

9th Circuit

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

9th Circuit

Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

9th Circuit

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

9th Circuit

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

9th Circuit

How to Draft a Judgment to Be Nondischargeable in Bankruptcy

To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.

9th Circuit
California
California Southern District

Liquidation Value Required in a Chapter 12 Cramdown

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

9th Circuit
Idaho
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