September 19, 2017

Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds

Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.

9th Circuit

September 15, 2017

State Laws on Tracing Determine Whether Tax Refunds Are Exempt

Differing state laws govern the exemption of tax refunds for individuals.

9th Circuit, California, California Southern District

September 05, 2017

Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee

Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.

9th Circuit

August 31, 2017

Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel

Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.

9th Circuit

August 28, 2017

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

9th Circuit

August 21, 2017

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

9th Circuit

August 18, 2017

Spokeo Heading for an Encore in the Supreme Court

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

9th Circuit

August 17, 2017

Bankruptcy Trustee’s Rights in Spendthrift Trusts Clarified Under California Law

California Supreme Court ignores a ‘drafting error’ in the state’s Probate Code.

9th Circuit

August 16, 2017

Commissions Earned After Bankruptcy Are Estate Property

State law doesn’t ultimately control what is or isn’t estate property.

9th Circuit

August 01, 2017

Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order

Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.

9th Circuit