In Stanley v. Mason (In re BCB Contracting Services, LLC), BAP No. AZ-21-1254-BSF (April 21, 2022), the Bankruptcy Appellate Panel (“BAP”) held that sanctions are a proper exercise of the bankruptcy court’s inherent authority. To impose sanctions under its inherent...
In In re Jaswinder Singh Bhangoo, BAP No. EC-21-1158-BSL, the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") affirmed a ruling from the United States Bankruptcy Court for the Eastern District of California that denied a debtor's claimed...
In Censo, LLC v. Newrez, LLC, BAP No. NV-21-1125-LTF (April 5, 2022), the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) offered guidance and clarity on when a non-bankruptcy court’s post-petition order on a pending matter violates the automatic stay. In...
In Kurtin v. Ehrenberg (In re Elieff), BAP No. CC-21-1081-SFL (March 21, 2022), the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) held that when a claim is subordinated under 11 U.S.C. § 510(b), any judgment and other liens and encumbrances securing that...
In In re Perez (Zamora v. Perez), BAP No. CC-20-1280, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) upheld the Bankruptcy Court’s overruling of the Chapter 7 Trustee’s objection to the Debtor’s homestead exemption under Section 522(g) of the Bankruptcy Code...
In Brace v. Speier (In re Brace), Case No. 17-60032 (November 9, 2020), the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the Bankruptcy Appellate Panel’s (“BAP”) and the bankruptcy court's determination that California’s community property...
In State of Montana Dept. of Revenue v. Blixseth, No. 18-15064, the Ninth Circuit Court of Appeals held that a creditor only has standing to file an involuntary petition against a debtor if the entirety of its debt is not subject to a bona fide dispute. If the amount...
In Bush v. United States of America, No. 16-3244, decided September 20, 2019, the Court of Appeals for the Seventh Circuit held that the Bankruptcy Court has jurisdiction to determine the amount of tax liability under Section 505 if it could possibly effect the...
In In re Hamilton, BAP Nos. SC-17-1126 and SC-17-1123, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") considered the intent requirement for non-dischargeability of a debt under Section 523(a)(6). The debtor argued that the Supreme Court case of Kawaauhau v....
In Sunnyslope Housing Ltd. Partnership, the Ninth Circuit held that for chapter 11 cramdown purposes, the valuation of property need not account for the potential extinguishment of subordinated affordable housing covenants which, if extinguished through foreclosure,...