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ABI Journal

9th Circuit

A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says

Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.

9th Circuit

Bankruptcy Courts Have Jurisdiction and Power to Compel Payment of Counsel Fees

The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.

9th Circuit

Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue

Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?

9th Circuit

Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move

Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.

9th Circuit
Arizona

May a Trustee Attach a Preference Defendant’s Property Before Judgment?

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

9th Circuit
California
California Central District

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

9th Circuit
Idaho

Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay

A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

9th Circuit
California
California Eastern District

Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

9th Circuit
Oregon

An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says

A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.

9th Circuit

BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases

The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.

9th Circuit
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