A Former Marijuana Business Isn’t Grounds for Dismissal, Los Angeles Judge Says
Judge Neil Bason allows a chapter 11 debtor to distribute the proceeds from the sale of a cannabis business.
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
Acevedo Doesn’t Bar Compensation for Services Before Entry of a Retention Order
So long as there was no delay in filing the retention application, Judge Tighe identified statutory and practical reasons for allowing compensation for services rendered before entry of a retention order.
Covid Eviction Moratoria Didn’t Apply in a Bankruptcy Case
Bankruptcy court evicted a debtor from his residence because he didn’t qualify for the Covid-19 moratoria.
Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer
An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.
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.’
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.