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Home
June 03, 2024
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
9th Circuit
February 01, 2024
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
9th Circuit
,
California
,
California Eastern District
May 24, 2023
Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
9th Circuit
,
California
,
California Eastern District
December 15, 2022
Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable
California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.
9th Circuit
,
California
,
California Eastern District
April 14, 2022
Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
9th Circuit
,
California
,
California Eastern District
October 19, 2020
California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
9th Circuit
,
California
,
California Eastern District
March 19, 2019
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
9th Circuit
,
California
,
California Eastern District
March 03, 2016
Student Loans Incurred for a New Profession Are Consumer Debts
Non-consumer debts must be related to an existing business or current job.
9th Circuit
,
California
,
California Eastern District