9th Circuit

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).

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.

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.

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.

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.

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.