Practice and Procedure

9th Circuit Oct 1, 2024

Even if Ineligible for Chapter 13, Ninth Circuit Says the Debtor Can Still Dismiss

In a split decision, the Ninth Circuit majority held that a chapter 13 debtor has the right to dismiss under Section 1307(b) before the bankruptcy court decides whether the filing was in good faith.

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water

Disclosures: Helping a Client (and Yourself) Stay Out of Hot Water By Andrew S. Erickson It is common for a chapter 7 panel trustee to review hundreds of pages of financial records along with the petition and schedules for any given consumer chapter 7 case prior to the

9th Circuit Aug 12, 2024

Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.

Benchnotes October 2024

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Reverse Alter-Ego Claims Are Property of Bankruptcy Estate and Can Be Sold/Settled by Trustee In In re Nordlicht , 1 the Second Circuit Court of Appeals held that claims that business entities are

Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts

Navigating the Intersection of §§ 507 and 523: Understanding the Priority and Dischargeability of Governmental Debts By Trish D. Lazich and Kristin Radwanick Bankruptcy is a complex legal landscape. The Bankruptcy Code is particularly complex with respect to the