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Displaying Journal Articles with Topic 9th Circuit
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.
September 4, 2018
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
August 29, 2018
A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
August 14, 2018
There Are No Fractions of a Household in Tacoma, Washington
Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.
Washington Western District
August 13, 2018
Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11
Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.