Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13
Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Ownership or Lease Not Required to Claim Auto Expense Deduction
Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.
Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors
Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.
Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds
Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’
Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim
Arizona debtors are stuck with the homestead claimed on the filing date.