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 DistrictDecember 01, 2017
Ninth Circuit Bars Switching Homestead Exemption After Filing
Arizona debtor left homeless despite Bankruptcy Rule 1009(a).
9th CircuitOctober 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 CircuitOctober 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 CircuitSeptember 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 CircuitSeptember 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 CircuitSeptember 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 DistrictSeptember 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 CircuitAugust 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 CircuitAugust 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