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 CircuitApril 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 CircuitApril 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 CircuitApril 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 CircuitMarch 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 CircuitMarch 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.
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, MontanaMarch 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, CaliforniaFebruary 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 CircuitFebruary 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