June 22, 2022
A Hotel Without Income Is ‘Single Asset Real Estate,’ District Judge Says
An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.
9th Circuit, California, California Central DistrictJune 17, 2022
Ninth Circuit Describes the Pleading and Proof for Converting from ‘11’ to ‘7’
With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.
9th CircuitJune 08, 2022
Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.
9th Circuit, California, California Eastern DistrictJune 01, 2022
Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
9th CircuitMay 25, 2022
In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
9th CircuitMay 19, 2022
Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
9th CircuitMay 13, 2022
Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
9th CircuitMay 06, 2022
It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit, MontanaMay 03, 2022
A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says
The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.
9th CircuitApril 27, 2022
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
9th Circuit