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.
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
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.
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
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.
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.