September 23, 2024
Alter ego claims belong to the creditor, not to the bankrupt estate.
September 19, 2024
A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.
September 11, 2024
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
September 9, 2024
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
September 3, 2024
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
August 30, 2024
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
August 27, 2024
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
August 1, 2024
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
July 22, 2024
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
July 19, 2024
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.