Rochellel's Daily Wire

April 07, 2017

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

March 02, 2017

PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition

Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.

9th Circuit

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

9th Circuit

February 08, 2017

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

9th Circuit

January 25, 2017

No Subordination in Ninth Circuit for a Stock Conversion Claim

Sympathy for the creditor arguably drove appeals court not to invoke subordination.

9th Circuit

January 05, 2017

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.

9th Circuit