Involuntary Servitude Claim Raised in Involuntary Chapter 11
Did Congress make another constitutional mistake in BAPCPA?
Judge Name - Do not use it.
Thomas S. Zilly
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Supreme Court Inadvertently Makes Life Difficult for Secured Creditors
Bullard gives bankruptcy judge more ammunition to stymie secured creditors.
Judge Name - Do not use it.
Neil V. Wake
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
High court should revisit Kelly v. Robinson from 1986, circuit court says.
Judge Name - Do not use it.
John B. Owens
Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion
Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.
Judge Name - Do not use it.
Richard A. Paez
Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate
9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.
Judge Name - Do not use it.
Ralph Kirscher
Power of Substantive Consolidation Survives Law v. Siegel
Supreme Court authority is read narrowly to preserve traditional equity powers.
BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds
BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.
Judge Name - Do not use it.
Jay S. Bybee
Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation
Court in the Ninth Circuit takes more flexible approach to revoking confirmation.
Judge Name - Do not use it.
Ann Aiken
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Judge Name - Do not use it.
Marco A. Hernandez
Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).
Judge Name - Do not use it.
Richard Seeborg