Rochelle's Daily Wire

Although a court may sell a nondebtor’s interest in jointly owned property, the Ninth Circuit BAP won’t permit selling free and clear of lien on the nondebtor’s interest in the property being sold.

‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.

At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.

The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.

A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’

Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.

An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.

Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.

The business debt necessary to qualify for Subchapter V need not to have arisen from the debtor’s business at the time of filing, Bankruptcy Judge Meier says.

Judge Bason of Los Angeles would permit a creditor in ‘limited circumstances’ to undertake Rule 2004 discovery in a chapter 15 case to further the court’s ‘assistance of the foreign main proceeding.’