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ABI Journal

9th Circuit

As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says

Pet insurance and proceeds are exempt, even above the value of the pet.

Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says

Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.

Four Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens

Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.

BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance

A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.

Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge

Appeals court talks about discharging a debt when the issue is denial of discharge.

Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition

BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.

Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation

Ninth Circuit splits with the First on the interpretation of Section 106(a).

A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition

By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.

There Are No Fractions of a Household in Tacoma, Washington

Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11

Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.