The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...
