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Bankruptcy | Case Law | Preemption
PREEMPTION
In re Applebaum, 422 B.R. 684 (9th Cir. BAP 2009)
California’s bankruptcy-only exemption statute is not preempted by the Bankruptcy Code
and does not violate the Uniformity Clause.
In re Chaussee, 399 F.3d 225 (9th Cir. BAP 2008)
The act of filing a proof of claim in a bankruptcy case may not, alone, subject the claimant
to liability for violation of state and federal fair debt collection laws.
In re Tippett, 542 F.3d 684 (9th Cir. 2008)
The bankruptcy code does not preempt Cal. Civil Code § 1214, which renders an
unrecorded conveyance void as to bona fide purchasers. The transfer of the debtor’s property to
the bankruptcy estate upon filing their chapter 7 case was such a transfer. Thus the debtors’
unauthorized transfer of their home to a bona fide purchaser was covered by this statute.
In re Miles, 430 F.3d 1083 (9th Cir. 2005)
Bankruptcy court had “arising under” jurisdiction over state law tort suits removed
removed from state court, since such actions were totally preempted by § 303(i). Furthermore,
siblings of debtors had no standing to bring an action under § 303(i).
40235 Washington St. Corp. v. Lusardi, 329 F.3d 1076 (9th Cir. 2003), cert. denied, 540 U.S. 983,
124 S.Ct. 469 (2003)
Section 362 preempts Cal. Rev. & Tax. Code § 3728. “Under the doctrine of “conflict
preemption,” preemption is implied where ‘compliance with both federal and state regulation is
physically impossible.’”
MSR Exploration, Ltd. v. Meridian Oil, Inc., 74 F.3d 910 (9th Cir. 1996)
debtor’s malicious prosecution action alleging defendants maliciously filed and pursued
creditors’ claims in it bankruptcy proceeding was preempted, and thus the district court properly
determined that it lacked jurisdiction
In re Baker & Drake, Inc., 35 F.3d 1348 (9th Cir. 1994)
Nevada tax laws not preempted by bankruptcy act.
In re Cybernetic Services, Inc., 252 F.3d 1039 (9th Cir. 2001), cert. denied, 534 U.S. 1130 (2002)
The recording provisions in the Patent Act do not preempt the recording provisions of
Article 9 of the UCC.
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