Rochelle's Daily Wire

The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.

Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.

The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).

BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.