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ABI Journal

9th Circuit

Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs

Ninth Circuit needs guidance from scholars on the status of bankruptcy appellate panels.

Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says

Denial of arbitration is not a ‘final order’ requiring district court action.

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

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.

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

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.

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.

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.