Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11
Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.
Court:
Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal
Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
Court:
California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic
Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’
Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability
A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
Court:
Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit
Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).
Court:
Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation
Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
Court:
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
Court:
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
Court:
Ninth Circuit Finds a Loophole to Reduce a Pre-Bankruptcy Fee Award
Prepetition judgments for attorneys’ fees are not sacrosanct in bankruptcy.
Court: