CFPB Suit in District Court Immune from Transfer to Bankruptcy Court
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
Judge Name - Do not use it.
Brian Morris
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Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
Judge Name - Do not use it.
Milan D. Smith, Michelle T. Friedland
Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim
Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.
Judge Name - Do not use it.
Derrick K. Watson
Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says
Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.
Judge Name - Do not use it.
Christopher M. Klein
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
Judge Name - Do not use it.
Christopher M. Klein
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
Judge Name - Do not use it.
Robert J. Faris
BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
Judge Name - Do not use it.
Laura S. Taylor, William Lafferty, Julia W. Brand
Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS
Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).
Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel
Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.
Judge Name - Do not use it.
Christopher M. Klein
Ninth Circuit Bars Switching Homestead Exemption After Filing
Arizona debtor left homeless despite Bankruptcy Rule 1009(a).