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Eric Tsai
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FYI: 9th Cir Holds "Free and Clear" Bankruptcy Sale Was Not Rejection of Unexpired Leases, Did Not Implicate 11 U.S.C. § 365(h)
The U.S. Court of Appeals for the Ninth Circuit recent held that
a bankruptcy trustee was authorized to sell real estate free and clear of
unexpired leases under 11 U.S.C. § 363(f), and the sale was not a rejection of
the unexpired leases and therefore did ...

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FYI: 9th Cir Holds Bankruptcy Cram Down Valuations to Use "Replacement Value" Not "Foreclosure Value"
The U.S. Court of Appeals for the Ninth Circuit recently held that for cram-down valuations, 11 U.S.C. § 506(a)(1) requires the use of "replacement value" based upon the adoption of the replacement value standard in Associates Commercial Corp. v. Rash, 520 ...

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FYI: 9th Cir BAP Affirms Dismissal of "Wrongful Securitization" Allegations
The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of an adversary proceeding without leave to amend, holding that: (a) the debtors failed to state a claim for wrongful foreclosure under Califor...

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FYI: 9th Cir Holds City of LA's FHA "Discriminatory Lending" Claims Failed for Lack of "Robust" Causal Link
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court's summary judgment ruling in favor of a bank and against the City of Los Angeles ("City") on the City's claims that the bank violated section 3605(a) the federal Fair Housing Ac...

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FYI: 9th Cir Amends and Reinforces Its Ruling That Foreclosure Trustees Are Not FDCPA "Debt Collectors"
The U.S. Court of Appeals for the Ninth Circuit recently amended its opinion in Ho v. ReconTrust Co, maintaining and affirming its prior ruling that the trustee in a California non-judicial foreclosure did not qualify as a debt collector under the federal F...

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FYI: Cal App Ct (3rd Dist) Holds Loan Mod Denial Letter Allowing Only 15 Days to Appeal Was "Material Violation" of HOBR
The Appellate Court of California, Third District, recently held that a mortgage servicer violated California's Homeowner Bill of Rights ("HOBR"), Civ. Code § 2923.6(d), when it sent the borrower a loan modification denial letter stating that the homeowner ...

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FYI: 9th Cir Applies Anti-Deficiency Protections to Debtors' Bankruptcy Estate Where Property of the Estate is Sold in a Non-Judicial Foreclosure
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the Bankruptcy Appellate Panel’s determination that a creditor’s pre-bankruptcy, non-recourse lien on two debtors’ real property is extinguished following a non-judicial foreclosure sale. A c...

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FYI: 9th Cir Holds Consolidated "Bellweather-Trial" of Multiple Actions Did Not Meet CAFA's "Mass Action" Requirements
The U.S. Court of Appeals for the Ninth Circuit recently affirmed that consolidating multiple actions for pre-trial purposes and a bellweather-trial process is insufficient to justify the removal of those actions to federal court under the "mass action" pro...

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FYI: 9th Cir Rejects Debtor's Attempt to Avoid SBA Judgment By Disclaiming Inheritance
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the district court's judgment in favor of the United States Small Business Administration ("SBA") in a Federal Debt Collection Procedures Act, 28 U.C.S. § 3001 et seq. ("FDCPA"), lawsuit the ...

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FYI: 9th Cir Holds Mortgagee's "Sold Out Second" Claim Not Barred by California's 4-Yr Statute of Limitations
The U.S. Court of Appeals for the Ninth Circuit recently reversed a ruling that disallowed an unsecured creditor's claim filed in a California bankruptcy court based on the forum state's statute of limitations.  In so ruling, the Ninth Circuit held that, al...
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