Promising Payment in Full to Everyone Doesn’t Warrant Confirmation by Itself
Chapter 11 can’t modify a nondebtor’s guarantee of a debtor’s obligations, absent consent from the lender.
Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
Court:
Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
Court:
Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
Court:
Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
Court:
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Court:
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Court:
The Debtor in Taggart v. Lorenzen Loses Again after Remand by the Supreme Court
The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.
Court:
Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.