9th Circuit

The Outer Limits of Discharge Explored by the Ninth Circuit BAP

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
Court: 

Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case

Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.

An Individual Can’t Assume a Lease by Reaffirming the Debt

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Promising Payment in Full to Everyone Doesn’t Warrant Confirmation by Itself

Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.

Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge

The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
Court: 

Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7

Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
Court: 

Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”

Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
Court: 

Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor

California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.

Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

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