Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.
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A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable
Perhaps a civil contempt order should sometimes be final in bankruptcy.
California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty
Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
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Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13
9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.
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Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer
Ninth Circuit gets it right on life insurance policies being property of the estate.
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Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation
Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.
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Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection
BAP makes life easier on trustee in objecting to exemptions.
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Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits
Ninth Circuit BAP removes another potential barrier to using “chapter 20.”
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Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts
Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns.
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