9th Circuit

Ninth Circuit Puts Limits on the Supreme Court’s Preclusion of Equitable Remedies

Law v. Siegel didn’t bar bankruptcy courts from invoking doctrines of claim and issue preclusion, the Ninth Circuit says.

Chapter 13 Debtors Lost Appreciation in Property After Conversion to ‘7’

On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

A District Court Rules that the U.S. Trustee Fee Increase Isn’t Retroactive

California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.

Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court

Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.

Creditor Filing Time-Barred Claims Is Hit with Debtor’s Attorneys’ Fees

The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.

Undisclosed Assets Revest in the Debtor After Dismissal but Not After Closing, BAP Says

If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.

Ninth Circuit Joins the Fifth by Endorsing the ‘Snapshot Rule’ for Exemptions

By adopting a BAP opinion, the Ninth Circuit backed away from disallowing exemptions when a debtor disposes of exempt property after the filing date.

Landlord Socked $606,000 for Opposing Lease Assumption

Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.

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.

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.