The 9th Circuit Review yesterday with Judge Sandy Klein at Southwestern Law School was pretty successful. The materials are attached here. cdcbaa Presentation fin 1.21.12 I want to especially thank Judge Klein again for doing the program with me. We had a huge turnout and everyone seemed to enjoy it. Jon
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9th Circuit Review with cdcbaa
BAP to hear Argument on Absolute Priority Rule in Individual Chapter 11
On January 18th, the BAP is going to hear In re Friedman at 2 pm in Phoenix. Hon. Jury, Kirscher and Clarkson are the judges.
From Aki Koyama re: Chapter 13 Commitment Period
From Aki Koyama from Ms. Dockery’s office –
It appears that SCOTUS has denied cert for In re Baud which would have presented the fundamental issue of whether or not the Applicable Commitment Period is purely an independent, temporal measurement squarely before the Justices. This breathes new life into the appeals set to be heard before the 9th Circuit to reexamine this issue in light of their prior holding in Kagenveama.
Currently, three appeals regarding the Applicable Commitment Period are pending before the 9th Circuit and one new appeal, Reed out of Oregon, is before the 9th Circuit BAP. Hopefully, we will have an answer to this issue in 2012. The three cases are In re Henderson (the Idaho case and the appeal filed by the chapter 13 Trustee); In re Henderson (the same Idaho case but the appeal was filed by a creditor); In re Flores (this is the appeal with Borowitz & Clark and Rod Danielson).
Circuit Court of Appeals Cases for the Week
United States First Circuit, 01/06/2012
DiVittorio v. HSBC Bank USA, NA, No. 11-1188 (dismissal of plaintiff’s truth-in-lending complaint for rescission affirmed where the complaint failed to state a claim under Mass law and, alternatively, because plaintiff knowingly and voluntarily waived any rights to rescission).
United States Ninth Circuit, 01/06/2012
Vegas Diamond Properties, LLC v. FDIC, No. 10-56720 (appeal is dismissed as moot where the subject properties were sold prior to appeal).
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