Even if Ineligible for Chapter 13, the Debtor Still Has an Absolute Right to Dismiss
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
Court:
A Cured Breach Still Invokes Section 365(b)(1)’s Landlord Protections, Circuit Says
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
Court:
Stay Violation Upheld Despite ‘Ambiguity’ About the Debtor’s Interest in the Property
Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?
A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says
Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.
Court:
Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
Court:
Solvent Debtor’s Unimpaired Creditors Get Higher Interest Rate, Ninth Circuit Says
Dissenter in the Ninth Circuit would have held that unimpaired creditors of a solvent debtor get no interest whatsoever, although impaired creditors are entitled to interest.
Court:
A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June
After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.
Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
Court:
BAPCPA Didn’t Entirely Stop Mortgages from ‘Riding Through’ Chapter 7
The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.
Court:
District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’
On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.