9th Circuit

May a Trustee Attach a Preference Defendant’s Property Before Judgment?

If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.

Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment

Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.

Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay

A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses

The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.

An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says

A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.

BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases

The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.

General Objection to Entry of Final Orders Won’t Preserve a ‘Stern’ Objection, BAP Says

Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.

A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.

Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.

‘13’ Debtors May Bifurcate Mortgages that Mature Before the Final Plan Payment

The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.