California Eastern District

Voluntary dismissal of a chapter 13 case isn’t automatic. A motion and a hearing are required.

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.

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 vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.

We focus on ethics two days in a row, given the recent disturbing events in Houston.

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.

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.

California bankruptcy judge doubts the Ninth Circuit will adopt the BAP’s dicta by holding that technical stay violations are only voidable, not void.

Judge Klein let a lawyer off the hook for violating Rule 9011 because the lawyer had already been punished enough.

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.