July 7, 2025
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
July 2, 2025
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
June 26, 2025
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
June 24, 2025
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
June 18, 2025
A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.
June 4, 2025
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
June 3, 2025
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
May 30, 2025
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
May 7, 2025
The Ninth Circuit BAP explains why Bartenwerfer didn’t open the door to vicarious liability for all forms of nondischargeability in Section 523(a).
April 30, 2025
If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.