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Rochelle's Daily Wire

March 26, 2020

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.

March 24, 2020

Taggart left open the question of whether the ‘no objectively reasonable basis’ standard for discharge violations also applies to contempt of the automatic stay.

March 23, 2020

Discharge was violated, but sanctions are likely out of reach.

March 20, 2020

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

March 19, 2020

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

March 18, 2020

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

March 17, 2020

Judge Grossman finds a way to grant allowances of compensation for services performed before the entry of a retention order.

March 16, 2020

A judicial lien may be avoided under Section 522(f) only if the lien attached after the debtor acquired the property.

March 13, 2020

The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’

March 12, 2020

Judge Shefferly writes a complicated opinion on the retroactivity of the HAVEN Act to cases filed prior to enactment.

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