No Duty to Release an Attachment After Fulton, Ninth Circuit BAP Says
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
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BAP Rules that Tolling in Section 108(c) Does Not Apply to Notices Under Section 546(b)
In dicta, the Ninth Circuit BAP says that equitable estoppel cannot be applied against a debtor in view of the debtor’s fiduciary responsibilities.
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Merely ‘Technical’ Stay Violations Don’t Obviate Section 362(k) Sanctions, BAP Says
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
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Counsel Can’t Disclaim Responsibilities Imposed by the Code and Rules, Judge Says
Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.
State Probate Law Determines What Is or Isn’t Estate Property
Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.
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Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable
Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal
Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
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Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, Circuit Says
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
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A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
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Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits
The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.
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