The U.S. Court of Appeals for the Ninth Circuit has held that a "chapter 20" debtor may avoid a first lien against the debtor's principal residence under Bankruptcy Code sections 506(a) and 1322(b)(2) even though no discharge was going to be entered in the debtor's chapter 13 case, as the creditor's claim had not been allowed. In re Blendheim, 803 F.3d 477 (9th Cir. 2015).
The 9thCircuit had previously held in In re Rosson that a debtor’s absolute right to dismiss their chapter 13 case was limited and that the bad faith conduct of a debtor was grounds to deny a request
In an unanimous decision, the United States Supreme Court reversed a decision of the Seventh Circuit Court of Appeals and resolved a split among the circuits, held that the “mere retention of property
This table has the virtual meeting information and preferred procedures by Chapter 7 trustee. (Check your download folder after you click the document.)