November 23, 2022
The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
November 18, 2022
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
November 15, 2022
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
9th Circuit , Idaho ,
November 8, 2022
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
November 4, 2022
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
October 28, 2022
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.
September 28, 2022
Adequate assurance of future performance may not be required if the debtor has already cured the breach of lease, the Ninth Circuit says.
September 26, 2022
Is doubt about whether the debtor has an interest in property sufficient to invoke Taggart and bar the finding of a willful stay violation?
September 14, 2022
Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.
September 12, 2022
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.