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Home
May 05, 2017
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
9th Circuit
April 25, 2017
Police Power Exception Doesn’t Apply to Suits by Private Attorneys General
Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.
9th Circuit
April 24, 2017
Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says
Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.
9th Circuit
April 20, 2017
Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
9th Circuit
April 07, 2017
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
9th Circuit
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
9th Circuit
,
California
,
California Central District
April 05, 2017
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
9th Circuit
March 29, 2017
Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals
Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.
9th Circuit
March 13, 2017
Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9
Third-party injunctions in chapter 9 must be a financial necessity, judge says.
9th Circuit
,
California
March 09, 2017
Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
9th Circuit
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