9th Circuit

Counsel Can’t Disclaim Responsibilities Imposed by the Code and Rules, Judge Says

Judge Clarkson laid down guidelines for a lawyer who copies pleadings written by another lawyer in a different case.

State Probate Law Determines What Is or Isn’t Estate Property

Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.

Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable

Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal

Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay

The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.

Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, Circuit Says

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.

A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says

Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.

Bankruptcy Court Doesn’t Have Exclusive Jurisdiction over Fraudulent Transfer Suits

The Nevada Supreme Court correctly unpacked the confusing notions of bankruptcy jurisdiction and the division of authority between district and bankruptcy courts.

Appeal from a ‘PPP’ Loan Dismissed as Equitably Moot

Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?

Another Circuit Holds that Dismissal Is Mandatory Under Section 1307(b)

The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.

Debtors Can’t Easily Glom Uncashed Distribution Checks

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.