Judge Court
Eastern District of California
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.
Debt of $46,000 Discharged Despite a Flagrantly False Loan Application
Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.
If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
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.
Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.