June 14, 2021
On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
April 19, 2021
California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.
April 12, 2021
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
April 7, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
9th Circuit , Nevada ,
April 6, 2021
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
March 5, 2021
By adopting a BAP opinion, the Ninth Circuit backed away from disallowing exemptions when a debtor disposes of exempt property after the filing date.
March 2, 2021
Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.
February 26, 2021
Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
February 19, 2021
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
February 17, 2021
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
9th Circuit , Montana ,