Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
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Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
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How to Draft a Judgment to Be Nondischargeable in Bankruptcy
To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.
Liquidation Value Required in a Chapter 12 Cramdown
Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.
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Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
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Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
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An Order Directing Specific Performance Means the Contract Is Not Executory
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
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San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Electric Utility’s Customers Denied Official Committee Status in Chapter 11
Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’
Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
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