Rochellel's Daily Wire

November 04, 2019

If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

9th Circuit, California, California Eastern District

October 08, 2019

U.S. Trustee May Not Appoint an Unsecured Committee in a Municipal Bankruptcy

California judge sides with former Bankruptcy Judge Steven Rhodes by holding that the U.S. Trustee does not have statutory power to appoint an unsecured committee in a chapter 9 case.

9th Circuit, California, California Eastern District

July 18, 2019

How to Draft a Judgment to Be Nondischargeable in Bankruptcy

To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.

9th Circuit, California, California Southern District

June 12, 2019

San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

9th Circuit, California, California Northern District

June 06, 2019

Electric Utility’s Customers Denied Official Committee Status in Chapter 11

Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’

9th Circuit, California, California Northern District

March 19, 2019

The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral

California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.

9th Circuit, California, California Eastern District

March 14, 2019

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

9th Circuit, California, California Northern District

February 15, 2019

Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt

An appellate court will decide whether four years of jailing means that civil incarceration has become futile.

9th Circuit, California, California Central District

July 26, 2018

California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic

Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’

9th Circuit, California, California Central District

May 15, 2018

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme

Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.

9th Circuit, California, California Northern District