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California

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.
Court: 

Arresting the Debtor During Mediation Is a Very Big No-No

How to ruin a good case: have your adversary arrested during mediation.

California District Judge Requires Property in the U.S. to File Chapter 15

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.

Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says

Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.

Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.

Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.

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