Hot Topics in Subchapter V and Consumer Bankruptcy Cases
Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
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A Wholly Unsecured Lien May Be Stripped Off Even if It Predated Ownership
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
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Chapter 13 Debtors Keep Property that Was Unintentionally Undisclosed
Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.
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