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January 26, 2018
Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says
Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.
9th Circuit
,
California
,
California Eastern District
January 23, 2018
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
9th Circuit
,
California
,
California Eastern District
January 22, 2018
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
9th Circuit
January 10, 2018
BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
9th Circuit
December 26, 2017
Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS
Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).
9th Circuit
December 04, 2017
Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel
Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.
9th Circuit
,
California
,
California Eastern District
December 01, 2017
Ninth Circuit Bars Switching Homestead Exemption After Filing
Arizona debtor left homeless despite Bankruptcy Rule 1009(a).
9th Circuit
October 18, 2017
Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination
Dissenter contends that the majority misread the circuit’s own precedent.
9th Circuit
October 10, 2017
In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability
Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.
9th Circuit
September 22, 2017
Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA
Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.
9th Circuit
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