Benchnotes August 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit considered whether the debtor’s
State Bar Disciplinary Proceedings Aren’t Barred by the Automatic Stay or Discharge
A BAP decision raises the question of whether Ninth Circuit authority has been implicitly overruled by Supreme Court decisions.
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals
The Case for Standing Chapter 13 Trustee Fee Retention in Pre-Confirmation Dismissals By Daryl J. Smith Chapter 13 is an essential component of the U.S. consumer bankruptcy system, offering debtors an opportunity to reorganize their finances and repay creditors over
When an Objection Is Required for an Exemption Covering ‘100% of FMV’
Judge Hoffman explains when objections are or aren’t required for exemptions covering ‘100% of FMV’ under the current form 106C.