A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
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Circuits Are Split on Assuming a Franchise Agreement when the Franchisor Objects
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
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Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss
In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.
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Chapter 15 Automatic Stay Isn’t Effective Retroactively, Ninth Circuit Says
Alter ego claims belong to the creditor, not to the bankrupt estate.
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Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
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‘Preserved’ Liens Can Sometimes Be Worthless, Ninth Circuit Says
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
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Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
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Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
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Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
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