Ninth Circuit Cited for Barring So-Called Critical Vendor Orders
A bankruptcy judge in Oregon was unable to follow renowned Bankruptcy Judges ‘Burt’ Lifland and ‘Mike’ Lynn, who granted critical vendor motions.
Court:
Ninth Circuit BAP Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable
Disputing the Fourth Circuit line by line and raising the possibility of a circuit split, the BAP and six bankruptcy courts have held that there’s no such thing as nondischargeability for corporate Sub V debtors.
Court:
No Sales Free and Clear of a Lien on a Nondebtor Co-owner’s Interest
Although a court may sell a nondebtor’s interest in jointly owned property, the Ninth Circuit BAP won’t permit selling free and clear of lien on the nondebtor’s interest in the property being sold.
Court:
Two Opinions on Disallowance of Compensation After Appointment of a Trustee
‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.
An Alter Ego Suit Doesn’t Violate the Discharge Injunction, BAP Says
At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.
Court:
Two Circuits Now Hold: ‘13’ Trustees Aren’t Paid if Cases Dismiss Before Confirmation
The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.
Court:
Bartenwerfer Isn’t at Odds with Husky, According to Bankruptcy Judge Margaret Mann
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
Do Debtors Get to Keep Post-Confirmation Windfalls in Chapter 13?
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.
Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
Court: