February 09, 2023

Electric Power Held Not to Be Goods with a 20-Day Priority Under Section 503(b)(9)

An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.

9th Circuit, Oregon

January 29, 2023

A Former Marijuana Business Isn’t Grounds for Dismissal, Los Angeles Judge Says

Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.

9th Circuit, California, California Central District

January 24, 2023

Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction

Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.

9th Circuit, California, California Northern District

January 06, 2023

Ninth Circuit Says: A Sale Order Can’t Alter the Terms of the Contract

A surprising opinion by the Ninth Circuit was nonprecedential.

9th Circuit

January 05, 2023

Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.

9th Circuit, California, California Eastern District

December 15, 2022

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

9th Circuit, California, California Eastern District

December 06, 2022

The Ninth Circuit BAP Revisits the First Semester of Law School Contracts

Agreement on the price and nothing else short of an enforceable contract.

9th Circuit

December 05, 2022

DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

9th Circuit, California, California Eastern District

November 29, 2022

Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse

An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.

9th Circuit

November 23, 2022

Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property

The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.

9th Circuit