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...
Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...
9th Cir. BAP affirmed ruling of bankruptcy court (ED Cal.) granting creditor's remand of unlawful detainer action to state court, after chapter 13 debtor removed it to bankruptcy court. Removal was...
9th Cir. dismissed for lack of jurisdiction appeals from BAP's decision affirming bankruptcy court’s contempt orders issued against a creditor and reversing and remanding issue of punitive...
Portions of the ex-spouse's exempt retirement accounts (a 401(k) and an IRA) are not exempt retirement funds in a debtor's Chapter 7 bankruptcy case commenced after the retirement funds are awarded...
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Wyo.) denying chapter 7 debtor attorney's claim of "tools of the trade" exemption in her car. Wyoming exemptions provided for separate...
Legal fees in a contingent fee case are earned over the duration of that case, not upon merely receipt of funds; therefore, an Oklahoma state law exemption protecting 75% of professional service...
BAP for 9th Circuit affirmed dismissal of chapter 13 case after bankruptcy court (D. Az.) determined that debtors' potential recovery from marijuana business lawsuit created impermissible risk of...
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...
Chapter 13 debtor could continue to prosecute a postpetition/postconfirmation personal injury claim that was not disclosed to the bankruptcy court. Although the facts established the elements of...
