Christopher M. Klein

Judge Court Eastern District of California

There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting

In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.

Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases

In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.

Bankruptcy Courts Have Statutory Power to Remove Voided Liens

Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.

Judge Klein Charts the Path for Discharging Student Loans and Not Being Reversed

Bankruptcy Judge Christopher Klein provides authority for student loan debtors who win in bankruptcy court but face an appeal aimed at the trial court’s fact-findings.

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.
9th Circuit Jul 27, 2021

A Motion to Dismiss as of Right Doesn’t Bar the Court from Dismissing with Prejudice

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).
9th Circuit Feb 22, 2021

The Outer Limits of Discharge Explored by the Ninth Circuit BAP

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.
Supreme Court Jul 1, 2020

The Automatic Termination of the Automatic Stay: Not Ready for Prime Time

The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.