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.
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.
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.
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
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.
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
‘Disposable Income’ Must Be Carefully Defined to Preserve the Debtor’s Discharge
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
Judge Christopher Klein Takes Sides on a Circuit Spilt Coming to the Supreme Court
Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).
Section 362(k)(1) Sanctions Apply to Automatic Stay Violation Continuing After Discharge
Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.