Rochellel's Daily Wire

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Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.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

March 12, 2019

District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases

Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.

9th Circuit, Washington, Washington Western District

February 15, 2019

Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt

An appellate court will decide whether four years of jailing means that civil incarceration has become futile.

9th Circuit, California, California Central District

February 04, 2019

‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291

Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.

9th Circuit

December 28, 2018

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit

December 12, 2018

Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says

‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.

9th Circuit