‘Preserved’ Liens Can Sometimes Be Worthless, Ninth Circuit Says
When a lien is undersecured, the avoided portion of the lien takes nothing through preservation until the unavoidable portion of the lien is paid in full.
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Ninth Circuit BAP Jealously Protects a ‘13’ Debtor’s Right to Dismiss
Debtors paid a high price for their counsel’s inattention to their needs after plan confirmation.
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Ninth Circuit Upholds the ‘Ponzi Scheme’ Presumption over a Dissent
A Ninth Circuit dissenter would require the trier of fact to make a finding that the fraudster acted with actual intent to defraud.
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Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law
The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.
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Sovereign Immunity Is Difficult (Impossible?) to Waive in the Ninth Circuit
Reversing the BAP, the Ninth Circuit held that counsel’s oral waiver of sovereign immunity did not bind the state.
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Ninth Circuit Employs Equity to Avoid Following the Supreme Court’s Taylor and Schwab
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
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BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).
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How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit
The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.
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An Order Finding Ineligibility for Sub V Is a Final, Appealable Order
A decision by a district judge in Idaho may or may not be irreconcilable with a Ninth Circuit BAP decision that a finding of eligibility for Sub V is interlocutory and not appealable.
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Owning a Marijuana Business Doesn’t Disqualify the Owner from Being in Chapter 7
Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.