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.
BAP No. NC-13-1618-JuKuPa (determined not to be appropriate for publication)
Ruling:
A bankruptcy court is required to hold an evidentiary hearing on whether a creditor is aware of a discharge injunction and whether the creditor is aware that the injunction applies to the...
The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy...
A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
Judge(s):
Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable...
Judge(s):
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Court's denial of a creditor with an undisputed and over-secured claim for attorney's fees pursuant to 11 U.S.C. §506(b) because the fees...
The dollar amount of the Debtor's claimed exemption is frozen as of the petition date. However, the estate is entitled to post-petition appreciation in the exempt asset until the bankruptcy case is...
Judge(s):
TASHIMA and BERZON, Circuit Judges, TIMLIN, Disctrict Judge sitting by designation.
