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Rochelle's Daily Wire | ABI Exclusive
February 4, 2016
Successor Liability Overrides Sale Free and Clear on Labor Law Claim
363 sale provides no protection from a union’s claim for successor liability.
Washington Western District
February 3, 2016
Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.
February 1, 2016
A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable
Perhaps a civil contempt order should sometimes be final in bankruptcy.
California Central District
January 26, 2016
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty
Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.
California Northern District
January 25, 2016
Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13
9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.
January 12, 2016
Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation
Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.
Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer
Ninth Circuit gets it right on life insurance policies being property of the estate.
January 11, 2016
Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection
BAP makes life easier on trustee in objecting to exemptions.
January 7, 2016
Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts
Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns.