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9th Circuit

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.
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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.
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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).
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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.
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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.

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.
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Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal

Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
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California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic

Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’

Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.
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Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).
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