Rochellel's Daily Wire

March 17, 2016

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

9th Circuit, Oregon

March 07, 2016

Courts Split on Stripping Down Residential Mortgages in Chapter 11

Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).

9th Circuit, California, California Northern District

March 03, 2016

Student Loans Incurred for a New Profession Are Consumer Debts

Non-consumer debts must be related to an existing business or current job.

9th Circuit, California, California Eastern District

March 01, 2016

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

9th Circuit, Oregon

March 01, 2016

Estate Planning Does Not Blow Away a Generous State Homestead Exemption

Appellate panel rides to the rescue and saves a couple about to lose their home.

9th Circuit

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