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ABI Journal

9th Circuit

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

Spokeo Heading for an Encore in the Supreme Court

Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

Bankruptcy Trustee’s Rights in Spendthrift Trusts Clarified Under California Law

California Supreme Court ignores a ‘drafting error’ in the state’s Probate Code.

Commissions Earned After Bankruptcy Are Estate Property

State law doesn’t ultimately control what is or isn’t estate property.

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.

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.

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.

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

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.