Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
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.
State Laws on Tracing Determine Whether Tax Refunds Are Exempt
Differing state laws govern the exemption of tax refunds for individuals.
Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged
A tax return late by three years wasn’t ‘honest and reasonable.’
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.
California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions
District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.
Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).