Bankruptcy Trustee’s Rights in Spendthrift Trusts Clarified Under California Law
California Supreme Court ignores a ‘drafting error’ in the state’s Probate Code.
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Commissions Earned After Bankruptcy Are Estate Property
State law doesn’t ultimately control what is or isn’t estate property.
Judge Name - Do not use it.
Meredith A. Jury
Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order
Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.
Judge Name - Do not use it.
Theodore C. Albert
Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases
Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.
Judge Name - Do not use it.
Frederic Block
Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago
Appeals court avoids a split of circuits by deciding a different issue this time.
Judge Name - Do not use it.
Sidney R. Thomas
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Judge Name - Do not use it.
Mary M. Schroeder
Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds
Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.
Judge Name - Do not use it.
Paul J. Watford
Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
Judge Name - Do not use it.
G. Murray Snow
Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds
En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.
Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged
A tax return late by three years wasn’t ‘honest and reasonable.’