Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
California judge sides with former Bankruptcy Judge Steven Rhodes by holding that the U.S. Trustee does not have statutory power to appoint an unsecured committee in a chapter 9 case.
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.