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.
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
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Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
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Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals
Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.
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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.
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Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
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PACA Circuit Split Heading for En Banc Rehearing or Certiorari Petition
Two judges urge Ninth Circuit to overrule precedent and line up with other circuits.
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Judgments for Malice in California Aren’t Nondischargeable Automatically
Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.
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Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates
Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.
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No Subordination in Ninth Circuit for a Stock Conversion Claim
Sympathy for the creditor arguably drove appeals court not to invoke subordination.
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