August 30, 2024

Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

9th Circuit

August 27, 2024

Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

9th Circuit

August 01, 2024

Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab

Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.

9th Circuit

July 22, 2024

BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs

The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).

9th Circuit

July 19, 2024

How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit

The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.

9th Circuit

July 16, 2024

An Order Finding Ineligibility for Sub V Is a Final, Appealable Order

A decision by a district judge in Idaho may or may not be irreconcilable with a Ninth Circuit BAP decision that a finding of eligibility for Sub V is interlocutory and not appealable.

9th Circuit, Idaho

July 11, 2024

Owning a Marijuana Business Doesn’t Disqualify the Owner from Being in Chapter 7

Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.

9th Circuit, California, California Northern District

June 20, 2024

Corporate Debts in Sub V Can Be Nondischargeable, Judge Says, Differing with His BAP

Bankruptcy Judge Hercher agreed with the results in the Fourth and Fifth Circuits but disagreed with some of the appeals courts’ logic.

9th Circuit, Oregon

June 11, 2024

The Estate Owns Claims for Continuing Course of Conduct Before and After Filing

Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?

9th Circuit

June 03, 2024

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.

9th Circuit