BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
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How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
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An Order Finding Ineligibility for Sub V Is a Final, Appealable Order
A decision by a district judge in Idaho may or may not be irreconcilable with a Ninth Circuit BAP decision that a finding of eligibility for Sub V is interlocutory and not appealable.
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Owning a Marijuana Business Doesn’t Disqualify the Owner from Being in Chapter 7
Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.
Corporate Debts in Sub V Can Be Nondischargeable, Judge Says, Differing with His BAP
Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.
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The Estate Owns Claims for Continuing Course of Conduct Before and After Filing
Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?
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Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
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District Judge Explains What a Notice of Appeal Does and Doesn’t Do
A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.
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Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
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Federal Government Doesn’t Have Sovereign Immunity to Avoid Contempt Sanctions
Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’