April 25, 2022
Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
9th CircuitApril 14, 2022
Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation
Undisclosed representation of the debtor’s principal resulted in denial of all compensation sought by counsel for the corporate debtor.
9th Circuit, California, California Eastern DistrictApril 11, 2022
BAP Describes When a Nonbankruptcy Court’s Order Does or Does Not Violate the Stay
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
9th CircuitApril 05, 2022
A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011
Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.
9th Circuit, California, California Eastern DistrictMarch 31, 2022
Debtor Can’t Be Punished for Shifting Legal Theories After an Unfavorable Decision
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
9th CircuitMarch 28, 2022
Converting a Claim Based on Securities to Judgment Won’t Bar Subordination, BAP Says
A lien securing a claim based on the purchase or sale of securities is subordinated, just like the claim, the Ninth Circuit BAP says.
9th CircuitMarch 11, 2022
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
9th Circuit, California, California Central DistrictMarch 10, 2022
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
9th CircuitMarch 08, 2022
Debtors Get Mortgage Interest Deduction They Didn’t Pay in a Short Sale
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
9th CircuitFebruary 28, 2022
Bad Faith Filings in Chapter 15 Can Be Entitled to ‘Foreign Main Recognition,’ BAP Says
The bankruptcy court has no discretion to deny recognition in chapter 15 if the requirements of Section 1517(a) have been met.
9th Circuit