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Rochelle's Daily Wire | ABI Exclusive
May 1, 2018
Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says
An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
April 25, 2018
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
April 21, 2018
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
April 19, 2018
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
April 17, 2018
Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit
Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.
April 13, 2018
Barnhill Determines the Date of a Post-Petition Transfer, BAP Says
A post-petition transfer occurs when an ordinary check is honored, not when it is delivered.
March 30, 2018
Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
March 23, 2018
‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions
Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.
March 12, 2018
‘Local vs. National’ Rate Controversy Reemerges in a Catholic Diocese Reorganization
Montana judge cuts committee counsel’s interim allowance to rates charged by debtor’s counsel.
March 7, 2018
California Supreme Court Kills the Jewel Doctrine on a Certified Question
Jewel has now been formally rejected in New York and California. Washington, D.C. is next.