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ABI Journal

9th Circuit

Chapter 15 Automatic Stay Isn’t Effective Retroactively, Ninth Circuit Says

Alter ego claims belong to the creditor, not to the bankrupt estate.

9th Circuit

Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

9th Circuit

‘Preserved’ Liens Can Sometimes Be Worthless, Ninth Circuit Says

When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.

9th Circuit

Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss

Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.

9th Circuit

Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent

A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.

9th Circuit

Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

9th Circuit

Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit

Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.

9th Circuit

Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab

Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.

9th Circuit

BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs

The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).

9th Circuit

How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit

The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.

9th Circuit
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