BAP for 9th Circuit affirmed ruling of the bankruptcy court (CD Cal.) granting chapter 7 trustee's motion to approve settlement of avoidance action against multiple parties, including debtor....
Affirmed lower courts' decision to disallow a late-filed claim by a Korean-based creditor. Burden of showing excusable neglect was not met by arguments and evidence of an English-Korean language...
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...
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) approving chapter 7 trustee's settlement of fraudulent transfer action against debtor's investment company over strenuous creditors'...
The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...
BAP for 9th Cir. affirmed bankruptcy court (CD California) order dismissing chapter 13 case based on serial filer's bad faith attempts to hinder and delay secured creditor's foreclosure on...
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...
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...
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...
