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ABI Journal

9th Circuit

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

9th Circuit
California
California Central District

California District Judge Requires Property in the U.S. to File Chapter 15

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.

9th Circuit
California
California Northern District

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.

9th Circuit
Montana

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.

9th Circuit

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.

9th Circuit
Hawaii

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.

9th Circuit
California
California Eastern District

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.

9th Circuit
California
California Eastern District

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.

9th Circuit

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.

9th Circuit

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).

9th Circuit
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