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Rochelle's Daily Wire | ABI Exclusive
June 15, 2018
Ninth Circuit BAP Nullifies Section 541(b)(8) When Pawnbroker Must Give Notice
BAP agrees with Title Max that pawned property drops out of an estate automatically when state law does not require notice.
June 13, 2018
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
June 6, 2018
Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
May 31, 2018
Ninth Circuit Widens Split on Failure to Object and Standing to Appeal
Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.
May 15, 2018
Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme
Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.
California Northern District
May 10, 2018
Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
May 9, 2018
A Fraudulent Transfer Complaint Doubles as an Exemption Objection
To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.
California Judge Lays Out Rules for Jury Trials in Bankruptcy Court
Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.
California Central District
May 3, 2018
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
May 2, 2018
No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims
A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.