Recovering All Fees: Bankruptcy Law

Recovering All Fees: Bankruptcy Law

BANKRUPTCY LAW (Automatic Stay): In en banc opinion, 9th Circuit holds that debtor can recover all fees spent in resisting creditor who violates automatic stay in seeking to collect debt (America’s Servicing Co. v. Schwartz-Tallard, originally issued 4/16/2014, San Francisco, modified Autumn 2015)

Discharge Of Student Loans

Discharge Of Student Loans

BANKRUPTCY LAW: In unpublished opinion, Bankruptcy Appellate Panel agrees that Debtor did not show “undue hardship” that would entitle her to discharge of student loans (Ng-A-Qui v. College Assist, issued 10/9/2015; Argued and submitted at Seattle, WA)

ABI Volo Project: BANKRUPTCY LAW

ABI Volo Project: BANKRUPTCY LAW

Court held that attorney who prosecuted debtor’s personal injury claim on behalf of the bankruptcy estate and bankruptcy trustee, and who settled the injury claim without the trustee’s knowledge and consent, paid the debtor the settlement, and paid himself attorney’s fees, was required to return fees to the bankruptcy estate and was sanctioned for his conduct (In re Anderson; argued at Seattle; issued 10/7/15

Bankruptcy Law: Sufficiency of Tax return

Bankruptcy Law: Sufficiency of Tax return

BANKRUPTCY LAW: Late, post-assessment tax returns were “tax returns” within the meaning of 11 USC Sec. 523 (a)(1)(B), and debtor’s old tax debt could be discharged pursuant to satisfaction of other statutory requirements. (In re Martin, adversary action vs. IRS) From NACBA: In finding that the Martins filed a “return” and that their tax debt was therefore dischargeable, the bankruptcy court applied the test set forth in Beard v. Comm’r, 82 T.C. 766, 774–79 (1984), aff’d 793 F.2d 139 (U.S. Sixth Circuit Court of Appeal, 1986)

Bankruptcy Law: No Relief for Unsecured Creditor

Bankruptcy Law: No Relief for Unsecured Creditor

BANKRUPTCY LAW: Where creditor claimed to be owner of property pursuant to foreclosure sale, he was not a “secured creditor,” and thus not entitled to relief from the automatic stay, based on 11 USC 362 (d) (4). Bankruptcy Appellate Panel REVERSES trial court ruling (In re Gigi Ellis, 9th Circuit BAP, Issued 11/19/14, San Francisco)

Bankruptcy Law: Automatic Stay

Bankruptcy Law: Automatic Stay

BANKRUPTCY LAW (Automatic Stay): In en banc opinion, 9th Circuit holds that debtor can recover all fees spent in resisting creditor who violates automatic stay in seeking to collect debt (America’s Servicing Co. v. Schwartz-Tallard, originally issued 4/16/2014, San Francisco, modified Autumn 2015)

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