© 2016 by Kornfield, Nyberg, Bendes, Kuhner & Little P.C. 

August 28, 2019

In In re Ubaldo Juarez, the Ninth Circuit Bankruptcy Appellate Panel held that an individual in Chapter 11 Debtor may confirm a plan and “retain exempt property without making a commensurate ‘new value’ contribution.” There are multiple lower court decisions on this is...

August 28, 2019

In In Re Washington, the chapter 13 Debtor had previously obtained a chapter 7 discharge 5 years prior to filing the chapter 13, and had discharged her in personum liability on a junior deed of trust on real property.  The Debtor filed a motion to avoid the junior lien...

July 10, 2019

Pro-per Debtors with four bankruptcies under their belts and with 104 months of mortgage payment default (8.6 years) lost their appeal of the bankruptcy court's order granting relief from stay to the secured lender.  The house had already been foreclosed but the appeal...

July 3, 2019

the 9th Circuit BAP affirmed a bankruptcy court's judgment not allowing discharge of a student loan, finding that a Debtor did not establish the third prong of the Brunner Test - whether the debtor made good faith efforts to repay the loans - where the debtor's crimes...

May 16, 2019

In In re Mrdutt, The BAP firmly committed itself to the emerging position that direct payments to creditors are plan payments, and a debtor's failure to maintain them during a plan constitutes material default in plan payments and results in a denial of discharge....

December 1, 2018

In Wllson v. Rigby (in re Wilson) The 3-panel court appears to have departed from precedent to limit a Chapter 7 Debtor’s homestead exemption claim under Washington state law to the amount of exemption claimed and existing as of the petition date, and prevented her fro...

November 23, 2018

The BAP upheld the bankruptcy court’s sanctions in In re Gomez.  After a Chapter 7 Trustee voided an untimely perfected security interest in a vehicle that the Debtor originally failed to disclose, and after the Trustee filed a motion to compel turnover, the Debtor ame...

November 12, 2018

The 9th Circuit has certified questions presented  in In re Brace  to the California Supreme Court. A bankruptcy court held that California property acquired during marriage by California residents as Joint Tenants was community property under California Fami...

November 1, 2018

In the decision Daff v. Good (In re Swintek), filed on October 22, 2018, a divided panel of the Ninth Circuit Court of Appeals held that the period in which a creditor may execute on an ORAP lien constitutes “commencing or continuing a civil action … on a claim against...

June 5, 2018

The 9th Circuit Court of Appeals held in a published decision that, under 11U.S.C. §1126(e), a bankruptcy court may not designate claims for bad faith simply because (1) a creditor offers to purchase only a subset of available claims in order to block a plan of reorgan...

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We occasionally get calls from former clients about reaffirming their mortgage loan.  A reaffirmation agreement is an agreement made between a credito...

Why You Did Not Reaffirm Your Mortgage Loan in Bankruptcy

October 12, 2016

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