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ABI Journal

9th Circuit

Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds

En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.

Sale of a Nonoperating Hospital Doesn’t Require State Approval

Attorney General’s oversight was avoided by shutting down a nonprofit hospital.

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

Police Power Exception Doesn’t Apply to Suits by Private Attorneys General

Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.

Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says

Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.