9th Circuit

Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws

The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.

Court :

9th Circuit

Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

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9th Circuit

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

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9th Circuit

‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge

Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.

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9th Circuit

California

California Eastern District

Exotic Aircraft Finance Defeats a Trustee on Recharacterization

Electing English law upheld, even though no one had any connection with the U.K.

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9th Circuit

California

California Central District

California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

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9th Circuit

California

California Eastern District

A Liquidating Plan Doesn’t Automatically Pass the Best Interests Test, BAP Says

Findings of fact to show satisfaction of the best interests test ordinarily should be numerical comparisons, Ninth Circuit BAP Says

Court :

9th Circuit

Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

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9th Circuit

Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Court :

9th Circuit

Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).

Court :

9th Circuit

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