The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's...
Judge(s):
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
The exclusion from a Chapter 13 debtor's "disposable income" for “benefits received under the Social Security Act” also excludes Adoption Assistance payments; such payments are “benefits...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 2 months ago
Citation:
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling:
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s):
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
10 years 2 months ago
Citation:
Eden Place, LLC v. Perl (In re Perl), No. 14-60039, --- F.3d --- (9th Cir. Jan. 8, 2016)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit held that an entity that had purchased the debtor's real property through a non-judicial foreclosure sale did not violate the automatic stay by...
Judge(s):
Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford, Circuit Judges
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) allowing fees and costs as an administrative expense, but in a substantially lower amount than desired by...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Free, No. WW-14-1395-JuKiF (9th Cir. B.A.P. Dec. 17, 2015)
Ruling:
In personam liability on undersecured debt that is discharged in chapter 7 is not counted toward the unsecured-debt limit in a subsequent chapter 13 case.
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Robert J. Faris, Bankruptcy Judges. Opinion by Judge Jury.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Martin, BAP No. EC-14-1180-KuKiTa (9th Cir. B.A.P. Dec. 17, 2015). Published.
Ruling:
A late-filed tax return can be a return under section 523(a)(1) if, among other things, the return represents an honest and reasonable attempt to satisfy the requirements of the tax law.
Judge(s):
Frank L. Kurtz, Ralph B. Kirscher, and Laura S Taylor, Bankruptcy Appellate Panel Judges. Opinion by Judge Kurtz.
11 U.S.C. § 108(c) tolls the one-year expiration period of an "Order for Appearance and Examination' ("ORAP") lien as set forth in CCC § 708.110. The granting of a discharge to the debtor, which...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
In re Stijakovich-Santilli, No. EC-15-1000-FDJu (9th Cir. B.A.P. Dec. 15, 2015).
Ruling:
To object to an exemption as fraudulently claimed, a trustee need not demonstrate that the trustee could not have discovered the fraud, and the trustee may rely on the debtor’s statements made...
Judge(s):
Robert J. Faris, Randall L. Dunn, and Meredith A. Jury, Bankruptcy Judges. Opinion by Judge Faris.
