9th Circuit

A Former Marijuana Business Isn’t Grounds for Dismissal, Los Angeles Judge Says

Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.

Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction

Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.

Ninth Circuit Says: A Sale Order Can’t Alter the Terms of the Contract

A surprising opinion by the Ninth Circuit was nonprecedential.
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Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

The Ninth Circuit BAP Revisits the First Semester of Law School Contracts

Agreement on the price and nothing else short of an enforceable contract.
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DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse

An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
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Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
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Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says

When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
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