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ABI Journal

California

Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction

Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.

9th Circuit
California
California Northern District

Deferred Settlement Agreements Aren’t Executory Contracts and Can’t Be Assumed

A deferred settlement agreement, like a workout agreement, can’t be assumed under Section 365.

9th Circuit
California
California Eastern District

Like Willful Violations, Technical Stay Violations Are Void, Not Just Voidable

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

9th Circuit
California
California Eastern District

DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment

Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.

9th Circuit
California
California Eastern District

A Mistake in the CARES Act on Eligibility for the SBRA Was Fixed by Congress in June

After a technical correction by Congress, now only affiliates of reporting companies are excluded from Subchapter V of chapter 11.

9th Circuit
California
California Central District

A Hotel Without Income Is ‘Single Asset Real Estate,’ District Judge Says

An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.

9th Circuit
California
California Central District

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.

9th Circuit
California
California Eastern District

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.

9th Circuit
California
California Eastern District

A Client Can Be Liable for Sanctions from the Lawyer’s Violation of Rule 9011

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

9th Circuit
California
California Eastern District

California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton

Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.

9th Circuit
California
California Central District
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