Bartenwerfer: Willful and Malicious Injuries?

Does Bartenwerfer extend to willful and malicious injuries? No says the 9th Circuit BAP.

Unlock This Article

To get started, please let us know which of these best fits your current position:

Please sign in to continue reading this content.
Hayes Jury
Senior Counsel, RHM Law, LLP (Los Angeles, CA)

M. Jonathan Hayes has practiced consumer bankruptcy law primarily for the past 42 years in Southern California. He recently completed a two-year sabbatical as the BAP Law Clerk first for Judge Laura Taylor in San Diego and then for Judge William Lafferty in Oakland. He is now Senior Counsel to the bankruptcy firm of RHM Law, LLP. Jon has been an Adjunct Professor of Law at the University of West Los Angeles School of Law for the past 33 years where he has taught Bankruptcy, Business Associations and other subjects. Jon was a member of the California State Bar Board of Legal Specialization, Bankruptcy Law Advisory Commission, 2010 to 2018. He was Vice-Chairman for the year 2016-2017 and Chairman for the year 2017-2018. He was President of the Central District Consumer Bankruptcy Attorney’s Assn (“cdcbaa”), 2013 and 2014, and is a member of the Board of Directors 2008 to present. He was a Lawyer Representative to the Central District Judicial Conference, 2014 to 2019. Today he has joined with Hon. Meredith Jury (Ret.) to form a bankruptcy appellate “dream team” with six other bankruptcy attorneys throughout the 9th Circuit to help consumer attorneys with their bankruptcy appeals. Jon has written four books entitled, “A Summary of Chapter 13” published in November 2019; “A Summary of Bankruptcy Law, Third Edition” published in December, 2016; “Bankruptcy Jurisprudence from the Supreme Court, Second Edition” published in 2016; and “Melvyn ‘Deacon’ Jones: My 40 years with the Blues Legends,” published in 2004. All are available on Amazon.com. You can reach Jon at [email protected].

Related Articles

June 14, 2020
By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...
moran_cathy
November 24, 2024
“Every extra dollar deduction you can wring out on bankruptcy’s means test is important. A dollar doesn’t sound like a lot, . . . Every $100 saves $6000. Get the picture?”
Members
Copy of Hildebrand-2016
January 12, 2025
An alleged lessor’s tardy objection to confirmation of a Chapter 13 plan which treats the obligation as a secured loan is precluded from pursuing that objection after passage of the deadline established by the court.
Members
moran_cathy
July 20, 2025
“ . . . In this case, we as bankruptcy lawyers need to be on the lookout for community property.” Moran has gone over and above on this offering. Definitely a resource you will want to refer back to.
Members
Copy of Hildebrand-2016
November 9, 2025
Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.
Members
Molly Pro picture
June 22, 2025
“The non filing of claims is a real situation which happens all the time and it serves no one, least of all the debtor.”
Members
Academy-emeritus-Logo-gold3
December 10, 2023
As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. Last week’s issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of the comments on each article and add your own.
Members
Copy of Hildebrand-2016
February 4, 2022
Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...
Members
Copy of Hildebrand-2016
March 12, 2023
When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments, § 1325(a)(5)(B) requires the debtor to amend to pay the arrears in equal monthly payments. (Hanan) In re Randell, 638 B.R. 104 (Bankr. E.D. Wis. January 19, 2022) Case Summary Ms. Randell proposed a rather conventional Chapter 13 plan, seeking...
Members
April 7, 2019
Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: