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ABI Journal

9th Circuit

Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says

Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.

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.

Ninth Circuit to Rule on ‘Related To’ Removal of Securities Lawsuits

Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims

A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.

California Judge Adopts Minority View on Automatic Termination of the Stay

District judge follows Ninth Circuit BAP on stay termination for serial filers.

Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds

Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’

Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim

Arizona debtors are stuck with the homestead claimed on the filing date.

Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.