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California

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.

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.

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.’

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.

Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court

District judge won’t withdraw the reference when PG&E rejects power purchase agreements.

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.

California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic

Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme

Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.

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.

California Supreme Court Kills the Jewel Doctrine on a Certified Question

Jewel has now been formally rejected in New York and California. Washington, D.C. is next.
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