Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
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Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
Converting a Claim Based on Securities to Judgment Won’t Bar Subordination, BAP Says
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
Chapter 13 Trustees Are Paid Even if Dismissal Comes Before Confirmation, BAP Says
The Ninth Circuit BAP joins the minority on an issue that’s headed for the court of appeals.
Disciplinary Sanctions Held Nondischargeable Even Though Not Paid to the State
The Ninth Circuit BAP follows Kelley, even though the panel implies that the Supreme Court tortured the language in Section 523(a)(7).
Judge Name - Do not use it.
William Lafferty, Gary Spraker and Robert J. Faris