Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.