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Rochelle's Daily Wire | ABI Exclusive
Displaying Journal Articles with Topic 9th Circuit
February 15, 2019
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
California Central District
February 4, 2019
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.
December 28, 2018
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.
December 12, 2018
Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says
‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.
December 6, 2018
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Pet insurance and proceeds are exempt, even above the value of the pet.
November 29, 2018
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.
October 16, 2018
Four Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.
October 3, 2018
BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance
A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.
September 19, 2018
Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge
Appeals court talks about discharging a debt when the issue is denial of discharge.
September 11, 2018
Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition
BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.