Rochellel's Daily Wire

November 23, 2020

Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer

An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.

9th Circuit, California, California Central District

November 12, 2020

Jointly Owned Property Is Presumptively Community Property in California

Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.

9th Circuit, California

October 21, 2020

‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge

Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.

9th Circuit, California, California Eastern District

October 20, 2020

Exotic Aircraft Finance Defeats a Trustee on Recharacterization

Electing English law upheld, even though no one had any connection with the U.K.

9th Circuit, California, California Central District

October 19, 2020

California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

9th Circuit, California, California Eastern District

May 15, 2020

Judge Christopher Klein Takes Sides on a Circuit Spilt Coming to the Supreme Court

Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).

9th Circuit, California, California Eastern District

February 25, 2020

First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case

Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.

9th Circuit, California, California Central District

February 11, 2020

Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

9th Circuit, California, California Eastern District

January 13, 2020

Debt of $46,000 Discharged Despite a Flagrantly False Loan Application

Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.

9th Circuit, California, California Eastern District

November 22, 2019

Committee Members Must Disclose the True Extent of Their Claims, Judge Says

The claim of a member of a creditors’ committee was subordinated because she evaded disclosure that her claims would consume the entire estate.

9th Circuit, California, California Central District