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May 16, 2019

Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
9th Circuit

May 06, 2019

Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.
9th Circuit

April 30, 2019

Ninth Circuit Bars Third Parties from Seeking Damages for Dismissal of an ‘Involuntary’
If the involuntary corporate debtor was deadlocked and unable to act, the dissenter would have permitted a 50% shareholder to seek damage for dismissal of the petition.
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

April 08, 2019

Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.
9th Circuit, Arizona

April 05, 2019

Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
9th Circuit, Arizona

March 27, 2019

Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints
Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.
9th Circuit

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 14, 2019

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
9th Circuit, California, California Northern District

March 13, 2019

Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods
Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
9th Circuit