Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
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Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints
Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.
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The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Trustee Gloms Proceeds of an Unperfected Consignment, Not Just the Goods
Ninth Circuit interprets UCC § 9-319(a) to permit avoidance of consignor’s interest in proceeds of an unperfected consignment.
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District Judge Finds No Loopholes in Ninth Circuit Aversion to Third-Party Releases
Free-and-clear sale won’t evade the Ninth Circuit’s rule against third-party, non-debtor releases.
Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.
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Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.
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Equitable Mootness Applies to Chapter 9 Municipal Debt Adjustments, Ninth Circuit Says
‘Adamant’ dissenter argues that condemnation claims arising from eminent domain are excepted from discharge under the Takings Clause.
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