Rochellel's Daily Wire

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 District

April 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 District

March 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 District

February 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 District

October 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 District

February 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 District

November 08, 2023

A Dischargeability Complaint Filed Without Investigation Resulted in Sanctions

We focus on ethics two days in a row, given the recent disturbing events in Houston.

9th Circuit, California, California Eastern District

October 18, 2023

Bankruptcy Courts Have Statutory Power to Remove Voided Liens

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

9th Circuit, California, California Eastern District

July 06, 2023

Two Opinions on Disallowance of Compensation After Appointment of a Trustee

‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.

9th Circuit, California, California Eastern District

May 24, 2023

Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination

An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.

9th Circuit, California, California Eastern District