9th Circuit

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.
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Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.
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Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

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

Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’

Cloud over constitutional authority of BAPs has been lifted, for now.
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Ninth Circuit Now Requires Paying Default Interest to Cure a Default

Divided panel holds that Section 1123(d) overruled Entz-White.
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Disallowing a Claim Worth $300 Saddled Creditor with $14,400 in Attorneys’ Fees

California’s fee-shifting law punishes an auto lender for filing a claim that was disallowed.
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Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13

Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.
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Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
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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.

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