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March 28, 2024
A Subchapter V Trustee in Possession Isn’t a Receiver, the Ninth Circuit Says
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
9th Circuit
June 01, 2022
Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
9th Circuit
April 27, 2022
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
9th Circuit
March 31, 2022
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
9th Circuit
March 28, 2022
Converting a Claim Based on Securities to Judgment Won’t Bar Subordination, BAP Says
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
9th Circuit
August 04, 2021
Chapter 13 Trustees Are Paid Even if Dismissal Comes Before Confirmation, BAP Says
The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.
9th Circuit
April 29, 2019
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
9th Circuit