January 20, 2021
Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
January 13, 2021
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
9th Circuit , Idaho ,
December 10, 2020
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
9th Circuit , Idaho ,
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 8, 2020
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
9th Circuit , Arizona ,
December 3, 2020
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
November 27, 2020
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
November 23, 2020
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.