Rochellel's Daily Wire

May 18, 2016

Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs

Ninth Circuit needs guidance from scholars on the status of bankruptcy appellate panels.

9th Circuit

May 11, 2016

Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says

Denial of arbitration is not a ‘final order’ requiring district court action.

9th Circuit

April 28, 2016

Involuntary Servitude Claim Raised in Involuntary Chapter 11

Did Congress make another constitutional mistake in BAPCPA?

9th Circuit, Washington, Washington Western District

April 20, 2016

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit, Arizona

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit

April 12, 2016

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

9th Circuit

April 08, 2016

Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate

9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.

9th Circuit

April 06, 2016

Power of Substantive Consolidation Survives Law v. Siegel

Supreme Court authority is read narrowly to preserve traditional equity powers.

9th Circuit

March 29, 2016

BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds

BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.

9th Circuit

March 22, 2016

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.

9th Circuit, Oregon