In Weil v. Elliott, decided June 14, 2017, the Ninth Circuit Court of Appeals decided the statute of limitations for the filing of an action to revoke a debtor's discharge is not jurisdictional and can be waived if not timely raised as an affirmative defense. The...
In Heimlich v. Shivji, 2017 Cal. App. LEXIS 499 (May 31, 2017), Plaintiff (Attorney) sued Defendant (Client) in the trial court for unpaid invoices despite a retainer agreement providing for arbitration. After answering, Client made a § 998 offer to Attorney for...
In In re Kupfer, No. 14-16697, the Ninth Circuit Court of Appeals, in an opinion published on December 29, 2016, has determined that the cap on the amount of damages a landlord can claim under Bankruptcy Code Section 502(b)(6) applies only to damages directly related...
