Geoffrey A. Heaton

Jul 1, 2024 | lawjournalnewsletters.com | Lawrence J. Kotler |Geoffrey A. Heaton

BankruptcyLitigationIn a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor’s failure to properly schedule a debt in an “asset case” renders the debt nondischargeable.

Jun 24, 2024 | law.com | Lawrence J. Kotler |Geoffrey A. Heaton

In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor’s failure to properly schedule a debt in an “asset case” renders the debt nondischargeable. Answering the question in the affirmative, the court held that, with the exception of a “no asset” bankruptcy case, a debt is nondischargeable in its entirety if the debtor fails to properly schedule the debt. See In re Licup, 95 F.4th 1234 (9th Cir.

Mar 27, 2023 | law.com | Lawrence J. Kotler |Geoffrey A. Heaton

In a recently published decision, In re Masingale, 644 B.R. 530 (9th Cir. BAP 2022), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit (the BAP) held that in the absence of a timely objection, debtors who claimed a homestead exemption of “100% of FMV” in their residence had a valid exemption claim for the full fair market value of the property, including post-petition appreciation.