June 26, 2025
There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
9th Circuit, California, California Eastern DistrictApril 16, 2025
In Sub V, No Compensation for a Rehearing Motion Contrary to Circuit Authority
After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.
9th Circuit, California, California Eastern DistrictApril 11, 2025
In Pari Delicto Defense Doesn’t Apply to a Trustee Exercising Avoidance Powers
Because a trustee suing to recover a fraudulent transfer is acting in the interest of creditors, not the debtor, the in pari delicto defense does not apply, says Bankruptcy Judge Scott Clarkson.
9th Circuit, California, California Central DistrictMarch 17, 2025
Sex Abuse Victims to Have a Private Conference with the Judge and the Catholic Bishop
Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’
9th Circuit, California, California Eastern DistrictFebruary 13, 2025
Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases
In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
9th Circuit, California, California Eastern DistrictOctober 18, 2024
Circuits Are Split on Assuming a Franchise Agreement when the Franchisor Objects
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
9th Circuit, California, California Eastern DistrictJuly 11, 2024
Owning a Marijuana Business Doesn’t Disqualify the Owner from Being in Chapter 7
Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.
9th Circuit, California, California Northern DistrictMay 14, 2024
Federal Government Doesn’t Have Sovereign Immunity to Avoid Contempt Sanctions
Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’
9th Circuit, California, California Central DistrictFebruary 14, 2024
May a Trustee Attach a Preference Defendant’s Property Before Judgment?
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
9th Circuit, California, California Central DistrictFebruary 01, 2024
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
9th Circuit, California, California Eastern DistrictPagination
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