9th Circuit

Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

The Ninth Circuit BAP Revisits the First Semester of Law School Contracts

Agreement on the price and nothing else short of an enforceable contract.

DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse

An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.

Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.

Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says

When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.

Employer-Paid Health Insurance Is Held to Be Income in Chapter 13

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

Differences Between Judicial and Statutory Liens Explained by Judge Heston

Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).