Rochellel's Daily Wire

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

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