Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.
The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
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.