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ABI Journal

Rochellel's Daily Wire

April 21, 2018

Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge

The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.

9th Circuit

April 19, 2018

Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable

The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.

9th Circuit

April 17, 2018

Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

9th Circuit

April 13, 2018

Barnhill Determines the Date of a Post-Petition Transfer, BAP Says

A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.

9th Circuit

March 30, 2018

Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says

Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.

9th Circuit

March 23, 2018

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

9th Circuit, Idaho

March 12, 2018

‘Local vs. National’ Rate Controversy Reemerges in a Catholic Diocese Reorganization

Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.

9th Circuit, Montana

March 07, 2018

California Supreme Court Kills the Jewel Doctrine on a Certified Question

Jewel has now been formally rejected in New York and California. Washington, D.C. is next.

9th Circuit, California

February 27, 2018

Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases

Debtor must violate criminal law to justify dismissal, concurring opinion says.

9th Circuit

February 26, 2018

En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA

Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.

9th Circuit