July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

9th Circuit

July 13, 2017

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

9th Circuit

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

9th Circuit

June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 13, 2017

Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds

The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.

9th Circuit, Arizona

May 30, 2017

Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds

En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.

9th Circuit

May 26, 2017

Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged

A tax return late by three years wasn’t ‘honest and reasonable.’

9th Circuit, California, California Northern District

May 18, 2017

Sale of a Nonoperating Hospital Doesn’t Require State Approval

Attorney General’s oversight was avoided by shutting down a nonprofit hospital.

9th Circuit, California, California Central District

May 12, 2017

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

9th Circuit, Washington, Washington Western District

May 10, 2017

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

9th Circuit, Idaho