Stay Annulment Is Ok Just to Avoid Liability for Willful Stay Violation
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.
Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
An Order Directing Specific Performance Means the Contract Is Not Executory
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).