A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
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Bankruptcy Courts Have Jurisdiction and Power to Compel Payment of Counsel Fees
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
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Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
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Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
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May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
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Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
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An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
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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.
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