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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.
Federal Circuit Jun 12, 2024

Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21

One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.
9th Circuit May 13, 2024

Prefiling Review Ok with BAP as Sanction for Filing Baseless Dischargeability Complaint

A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
6th Circuit Dec 9, 2023

A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else

The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
Supreme Court Feb 20, 2024

Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
9th Circuit Nov 15, 2023

A Refinanced Consumer Loan Might Not Be a ‘Consumer Debt,’ Ninth Circuit Says

Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
9th Circuit Nov 21, 2023

Ninth Circuit: State Law Can’t Require More than What Rule 3001 Requires for Claim Validity

Reversing the BAP, the Ninth Circuit (erroneously) holds that state law cannot demand more documentation for a proof of claim than Bankruptcy Rule 3001 requires for prima facie validity.
5th Circuit Oct 16, 2023

Fifth Circuit Expands Bartenwerfer to Saddle Alter Egos with Nondischargeable Debts

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.
9th Circuit Sep 13, 2023

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.