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ABI Journal

9th Circuit

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

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).

Student Loans Incurred for a New Profession Are Consumer Debts

Non-consumer debts must be related to an existing business or current job.

Estate Planning Does Not Blow Away a Generous State Homestead Exemption

Appellate panel rides to the rescue and saves a couple about to lose their home.

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

Auditors of a Ponzi Scheme Are Exonerated in the Ninth Circuit

Be sure to issue a qualified report when auditing a Ponzi scheme.

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

Successor Liability Overrides Sale Free and Clear on Labor Law Claim

363 sale provides no protection from a union’s claim for successor liability.