Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’
Cloud over constitutional authority of BAPs has been lifted, for now.
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Jay S. Bybee, N. Randy Smith
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Ninth Circuit Now Requires Paying Default Interest to Cure a Default
Divided panel holds that Section 1123(d) overruled Entz-White.
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Marsha S. Berzon, Susan P. Graber, Mary H. Murguia
Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees
California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.
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Bankruptcy Appellate Panel
Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13
Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.
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N. Randy Smith
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
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Bankruptcy Judge Robert J. Farris
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
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Larry Alan Burns, M. James Lorenz
Civil Rights Suit Enjoined by Automatic Stay in Municipal Bankruptcy
District court says bankruptcy court can issue injunction to halt civil rights violation by police.
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Otis D. Wright, II
Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
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Richard R. Clifton
Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says
Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.
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Kim McLane Wardlaw
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
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Mark W. Bennett and Meredith A. Jury