Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
A Fraudulent Transfer Complaint Doubles as an Exemption Objection
To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.