Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
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 Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims
A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
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.