by Devin Sawdayi | Sep 18, 2015
A U.S. district court in Los Angeles affirmed a bankruptcy court’s order finding that a judgment creditor willfully violated the automatic stay in a Chapter 13 case. In re Bayley, No. 2:14-cv-07799, order (C.D. Cal., Jan. 14, 2015). The automatic stay takes effect the...
by Devin Sawdayi | Jul 11, 2015
A bankruptcy judge in California considered a Chapter 7 trustee’s objection to a debtor’s exemption claim. The debtor claimed that a large retirement account was exempt from Chapter 7 liquidation under California law. The court identified two factual questions, but...
by Devin Sawdayi | Apr 27, 2015
A married couple claimed exemptions in several annuity contracts in their Chapter 7 bankruptcy case. The trustee objected under state law, arguing that the debtors were only allowed to exempt a maximum of $250 in monthly payments from the annuities. The court...
by Devin Sawdayi | Nov 14, 2014
A U.S. magistrate judge in California ruled on a very unusual set of circumstances in a bankruptcy case, Thomas v. Bostwick, No. 13-cv-02544, order (N.D. Cal., Aug, 29, 2014). A creditor had filed a lien against the possible proceeds of a lawsuit filed by the debtor...
by Devin Sawdayi | Nov 1, 2014
The Bankruptcy Appellate Panel (BAP) for the Ninth Circuit vacated the ruling of a bankruptcy judge, finding that the debtor in a Chapter 7 case might be entitled to exempt certain real property as his homestead. In re Calderon, 507 B.R. 724 (BAP 9th Cir. 2014) (PDF...
by Devin Sawdayi | May 31, 2014
The U.S. Supreme Court ruled against the trustee in a Chapter 7 case who had obtained a bankruptcy court’s leave to pay attorney’s fees, incurred as a result of fraud by the debtor, from the debtor’s exempt assets. Law v. Siegel, No. 12-5196, slip op. (Sup. Ct., Mar....
