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.
Court:
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.
Court:
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.
Court:
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.
Court:
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.
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.
Court:
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?