Landlord Socked $606,000 for Opposing Lease Assumption
Fee-shifting clause in the lease entitled the debtor to recover $606,000 in attorneys’ fees from the landlord for opposing lease assumption.
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Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
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.
Exotic Aircraft Finance Defeats a Trustee on Recharacterization
Electing English law upheld, even though no one had any connection with the U.K.
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.
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.
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.
Judge Name - Do not use it.
Theodore C. Albert
California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic
Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’
Judge Name - Do not use it.
Mark Houle
California Judge Lays Out Rules for Jury Trials in Bankruptcy Court
Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.
Judge Name - Do not use it.
Martin R. Barash
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.
Judge Name - Do not use it.
Mark S. Wallace