Judge Court
District of Arizona
Private Student Loans Are Discharged Entirely or Not at All, BAP Says
An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.
Ninth Circuit BAP Wrote a Handbook for Vexatious Litigant and Prefiling Injunctions
The Ninth Circuit hasn’t decided whether bankruptcy courts are ‘courts of the U.S.’ authorized to exercise powers under the All Writs Act, 28 U.S.C. § 1651(a).
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
Ninth Circuit Primed to Decide Whether Emotional Distress Damages Survived Taggart
The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.
BAP Lays Down Pleading Rules for Fee Applications in Small Chapter 7 Cases
The fee application by an attorney for a chapter 7 trustee in a small case must state facts to show why the services must have been performed by an attorney, not by the trustee.
A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says
A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.
Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
Claims Subject to Bona Fide Dispute Are Included in Deciding Eligibility for Chapter 13
If a creditor objects to chapter 13 eligibility in good faith, the court may look behind the debtor’s schedules to decide whether the debt exceeds the cap.