Business Law Insolvency Law Committee

The Bankruptcy Appellate Panel for the Ninth Circuit remanded in part and reversed in part the decision of the bankruptcy court for the Northern District of California that entered a pre-filing order upon a finding that a chapter 7 debtor was a vexatious litigant. Read more

The U.S. District Court for the District of Idaho affirmed the decision of the bankruptcy court for the District of Idaho finding that a successful creditor in a non-dischargeability proceeding was entitled to an award of attorneys’ fees in prosecuting the action. Read more

In an unpublished decision, the Ninth Circuit affirmed the District Court’s dismissal of a debtor’s claims against a creditor and credit reporting agencies for failure to report payments after discharge, but reversed the District Court holding that a debtor cannot pursue a claim against a lender for failing to report a positive payment history during the bankruptcy proceeding and prior to discharge. Read more

In Emond v. Ryan McCarthy Investments, LLC (“Emond”), __ B.R.__, 2020 Bankr. LEXIS 1543 (May 21, 2020), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, in a non-published opinion, ruled that the bankruptcy court abused its discretion by granting a creditor’s motion to extend the deadline to file a complaint objecting to the dischargeability of a debt under 11 U.S.C. section 523 without a finding or showing of cause as required by Fed. R. Bankr. P. 4007(c). Read more

In re Cabral, 2020 WL 6556998 (November 5, 2020), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirmed the bankruptcy court's decision denying Debtors’ motion to dismiss their Chapter 7 case for cause under Section 707(a). Read more

Ninth Circuit affirms BAP’s decision upholding Chapter 7 Trustee’s sale of Debtor’s defensive appellate rights. Read more

Ninth Circuit certifies to the New York Court of Appeals questions about whether a defense of usury applies to litigation financing agreement. Read more

Corporate entity dissolved pre-petition by forfeiture under Texas law is not eligible to be a debtor in a chapter 11, subchapter V bankruptcy case. Read more

Bank's real and personal property collateral did not include equipment debtor acquired postpetition that was not proceeds or products of lender's prepetition collateral.   Read more

Trial court denied summary judgment to Amazon as defendant in a products liability action arising from a fire caused by thermostat bought from a third party through Amazon's online marketplace. Read more