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. Read more about Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure
Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale. Read more about Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says
In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues. Read more about In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says
Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure. Read more about Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says
Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan. Read more about Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says
It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says To settle with a trustee, a creditor is not required to volunteer damaging information. Read more about It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says
A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date. Read more about A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says
Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority. Read more about Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable
Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies. Read more about Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
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. Read more about Section 328(c) and Rule 2014(a) Both Permit Denial of All Compensation