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ABI Journal

California

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.

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.

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits

California district courts split on whether filing stale claims violates RICO.

Civil Rights Suit Enjoined by Automatic Stay in Municipal Bankruptcy

District court says bankruptcy court can issue injunction to halt civil rights violation by police.

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.

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.

California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions

District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.

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).