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.
May 13, 2025
After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.
April 30, 2025
If a fraudulent omission were a ‘statement,’ the BAP explains why nondischargeability would be almost impossible to prove.
April 11, 2025
Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.
March 11, 2025
Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.
February 12, 2025
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
9th Circuit , Arizona ,
January 7, 2025
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.
9th Circuit , Hawaii ,
December 9, 2024
If a creditor’s judicial lien is avoided, how can the creditor collect the underlying debt if it’s excepted from discharge?
December 5, 2024
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
November 15, 2024
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.