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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 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

August 09, 2022

A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June
After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.
9th Circuit, California, California Central District

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 District

June 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 District

April 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 District

April 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 District

March 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 District

February 25, 2022

The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central District