Quick Confirmation – BAP Says Not So Fast

Sahni v. Tajima (In re Tajima)

2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J

ISSUE

Did the Bankruptcy Court err when confirming Chapter 13 plan?

RULING

Yes.

FACTS

This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors and one of their Chapter 13 bankruptcy creditors, a hard-money lender with . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

Hale-Andrew-Antico

Bankruptcy Attorney in Los Angeles, CA

Hale Andrew Antico is a Los Angeles bankruptcy attorney. He has specialized in helping people start fresh for about 20 years. He has a 99%+ success rate with Chapter 7 bankruptcy cases and a Chapter 13 bankruptcy success rate twenty times the average for his district. Hale Andrew Antico graduated from California State University at Northridge with a degree in Psychology. After that, he graduated from Pepperdine University School of Law. He is active in the legal community. He serves or has served on the Board of Directors for two well-respected bankruptcy associations in the Los Angeles area. Firstly, in 2021 Los Angeles bankruptcy attorney peers chose him as President to serve a second term leading the CDCBAA, Los Angeles’ biggest group of bankruptcy lawyers. Secondly, he is a Past President of the James T King Bankruptcy Inn of Court for bankruptcy lawyers, trustees, and judges. Finally, he’s a longstanding member of NACBA, the nation’s largest group of bankruptcy attorneys.

Related Articles

July 11, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021) Case Summary...
Members
June 13, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same...
Members
Copy of Hildebrand-2016
October 9, 2022
First, breathe deep and try to relax. The Antitrust, Commercial and Administrative House Subcommittee of the House Judiciary Committee, with minimal notice, set an oversight hearing for September 29, 2022. The subcommittee is charged to deal with matters relating to bankruptcy. The subject of the hearing was to be the “Oversight of the Bankruptcy Code, Part 2: Ensuring a Fresh...
Copy of Hildebrand-2016
December 5, 2021
Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021) Summary Brittany Minogue filed a voluntary petition under Chapter 13...
Members
March 3, 2019
By Carri Hayden Johnson, Staff Attorney to O. Byron Meredith, Chapter 13 Trustee (Savannah, GA) The filing of a bankruptcy petition acts as a stay of certain actions against the debtor or the debtor’s property. The automatic stay is essentially the fundamental reason that a debtor seeks relief in the form of bankruptcy, as it allows the debtor a brief...
Members
May 31, 2020
(Reprinted with permission: https://www.dailyjournal.com/) By M. Jonathan Hayes, Resnik Hayes, Moradi LLP (Los Angeles) I met with my best friend Jim King, consumer bankruptcy attorney extraordinaire, during the Thanksgiving break in 2014, several weeks before his untimely death. We met at his office in Glendale to do his oral history. Somewhere in there I told him he could borrow my...
Members
December 15, 2019
By William H. Brown, Editor and Advisor, Academy for Consumer Bankruptcy Education, Inc. (d/b/a ConsiderChapter13.org) Members of the Academy and regular speakers at NACTT’s annual seminars were recently elected as Fellows of the American College of Bankruptcy, representing recognition by the College of the important contributions by those in the consumer bankruptcy system. Newly elected Fellows, who are to be...
August 25, 2019
On 8/22/19 the IRSe and its Security Summit partners warned taxpayers and tax professionals about a new IRS impersonation scam campaign spreading nationally on email. Remember: the IRS does not send unsolicited emails and never emails taxpayers about the status of refunds. The IRS detected this new scam as taxpayers began notifying phis[email protected] about unsolicited emails from IRS imposters. The...
July 18, 2021
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The primary purpose of this two-part paper is to explore recent legislation that makes it easier for some individuals to modify the terms of their residential mortgages, especially if they are farmers or small business owners. The emphasis is on the Small Business Reorganization Act of 2019 (SBRA).1 A...
Members
July 19, 2020
By Cathy Moran, Esq. (Redwood City, CA) Like so much in life, it’s all about timing. I revisited an older post here about delaying the filing of a bankruptcy til the New Year when the debtor expects to owe taxes in April. A Chapter 13 filed in January can include and pay the taxes associated with the tax year ending...
Members