DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment
Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.
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Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property
The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
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.
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?