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ABI Journal

9th Circuit

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit

No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.

Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals

Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.

Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9

Third-party injunctions in chapter 9 must be a financial necessity, judge says.

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition

Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

No Subordination in Ninth Circuit for a Stock Conversion Claim

Sympathy for the creditor arguably drove appeals court not to invoke subordination.

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.