9th Circuit

Circuit Split Update on Sovereign Immunity and Derivative Suits Against the IRS

Ninth Circuit won’t rehear DBSI, creating a split with the Seventh Circuit on Sections 106(a)(1) and 544(b)(1).
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Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.

Ninth Circuit Bars Switching Homestead Exemption After Filing

Arizona debtor left homeless despite Bankruptcy Rule 1009(a).
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Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.
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In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability

Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.
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Ninth Circuit Sits En Banc to Eradicate or Deepen a Loophole in PACA

Circuit split pits the Ninth Circuit against three sister circuits on a crucial PACA issue.
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Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds

Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.
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State Laws on Tracing Determine Whether Tax Refunds Are Exempt

Differing state laws govern the exemption of tax refunds for individuals.

Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee

Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.
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Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel

Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.
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