February 25, 2016

Auditors of a Ponzi Scheme Are Exonerated in the Ninth Circuit

Be sure to issue a qualified report when auditing a Ponzi scheme.

9th Circuit

February 24, 2016

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit, Montana

February 17, 2016

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.

9th Circuit, California, California Northern District

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 04, 2016

Successor Liability Overrides Sale Free and Clear on Labor Law Claim

363 sale provides no protection from a union’s claim for successor liability.

9th Circuit, Washington, Washington Western District

February 03, 2016

Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold

Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.

9th Circuit

February 01, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit, California, California Central District

January 26, 2016

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit, Oregon

California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty

Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.

9th Circuit, California, California Northern District

January 25, 2016

Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13

9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.

9th Circuit