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.
A Dischargeability Complaint Filed Without Investigation Resulted in Sanctions
We focus on ethics two days in a row, given the recent disturbing events in Houston.
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.
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.
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.
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).
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.
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.