Debt of $46,000 Discharged Despite a Flagrantly False Loan Application Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application. Read more about Debt of $46,000 Discharged Despite a Flagrantly False Loan Application
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. Read more about Committee Members Must Disclose the True Extent of Their Claims, Judge Says
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. Read more about If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt
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. Read more about U.S. Trustee May Not Appoint an Unsecured Committee in a Municipal Bankruptcy
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. Judge Name - Do not use it. Marilyn L. Huff Read more about How to Draft a Judgment to Be Nondischargeable in Bankruptcy
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. Judge Name - Do not use it. Dennis Montali Read more about San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements
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.’ Judge Name - Do not use it. Dennis Montali Read more about Electric Utility’s Customers Denied Official Committee Status in Chapter 11
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. Judge Name - Do not use it. Christopher D. Jaime Read more about The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court District judge won’t withdraw the reference when PG&E rejects power purchase agreements. Judge Name - Do not use it. Haywood S. Gilliam, Jr. Read more about Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
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 Read more about Bankruptcy Judge OKs Four Years of Jailing for Civil Contempt