Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints
Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Pet insurance and proceeds are exempt, even above the value of the pet.
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.
BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance
A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.