While the bankruptcy court did not abuse its discretion in denying confirmation of the debtor’s plan, the bankruptcy court's failure to make specific findings that the creditors' committee plan...
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
An educational loan is not an obligation to repay funds received as an educational benefit, for purposes of 11 U.S.C. § 523(a)(8)(A)(ii). Such an interpretation would render the the statute's use...
A bankruptcy court's local rule requiring that all chapter 13 debtors turn over income tax returns over $2,000 is invalid because it breaches below-median income debtors' substantive rights and...
A willful and malicious injury, for purposes of § 523(a)(6), requires proof that the injury was both willful and malicious. To be willful, the injury must result from a deliberate or intentional...
The Uniform Voidable Transfer Act does not require require a creditor to prove actual harm in order for the transfer to be voidable as an actually fraudulent transfer under California Civil Code §...
Chapter 13 debtors do not have an absolute right to dismiss their bankruptcy case. Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764 (9th Cir. 2008), is binding authority that a debtor's right to...
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...
The Supreme Court's opinion in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020), does not prohibit a bankruptcy court from fashioning nunc pro tunc...
