No Substitutes for a Stay Pending Appeal to Avoid Mootness of a Sale Order
The appeal involved the sale of defensive appellate rights but wasn’t grounds for the decision by the Eighth Circuit.
A Suit Nominally Against a Debtor Does/Doesn’t Violate the Discharge Injunction
In the Tenth Circuit, there’s a workaround for courts that believe it’s not possible to modify the statutory discharge injunction.
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
A Promise Not to Enforce a Judgment Meant There Was No Discharge Violation
The inability to modify a Section 524(a) discharge put the Ninth Circuit BAP in a bind.
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.
Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.