Chapter 13 Debtor Keeps Postpetition Appreciation in Nonexempt Property, BAP Says
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
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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.
Judge Name - Do not use it.
Robert J. Faris
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
Judge Name - Do not use it.
Hon. Robert J. Faris
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
Judge Name - Do not use it.
William Lafferty, Gary Spraker and Robert J. Faris
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Judge Name - Do not use it.
Robert J. Faris
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
Judge Name - Do not use it.
Robert J. Faris
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
Judge Name - Do not use it.
Robert J. Faris
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Judge Name - Do not use it.
Robert J. Faris
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
Judge Name - Do not use it.
Bankruptcy Judge Robert J. Farris
Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13
9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.
Judge Name - Do not use it.
Robert J. Faris