November 12, 2020
Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.
November 11, 2020
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
November 10, 2020
The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.
November 5, 2020
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
October 21, 2020
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.
October 19, 2020
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
September 23, 2020
Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says
September 18, 2020
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
September 8, 2020
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?