California Eastern District

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.

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).

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.

Even though the debtor defaulted, Judge Christopher Klein held a trial and ruled that the lender had not relied on a false loan application.

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.

Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.

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.

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.