9th Circuit

The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.

Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.

A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.

Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.

Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.