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5th Circuit Jan 14, 2022

Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise

A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
9th Circuit Dec 23, 2021

Earned Income Tax Credit Held Exempt by the Ninth Circuit BAP

The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
9th Circuit Dec 3, 2021

Circuit Panel Urges En Banc Reconsideration of the Vanishing Homestead Exemption

A panel of the Ninth Circuit implicitly urged en banc reversal of two decisions holding that a homestead exemption is lost if the proceeds are not reinvested within the time required by state law, even if the exemption was valid on the filing date.
7th Circuit Apr 12, 2021

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
5th Circuit Dec 15, 2020

Statement of Profitability Must Be in Writing to Underpin a Nondischargeability Claim

A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.
9th Circuit Nov 3, 2020

Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws

The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
9th Circuit Oct 28, 2020

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
Supreme Court Oct 13, 2020

Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
9th Circuit Sep 1, 2020

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?