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.
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.
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.
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.
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
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.
Jointly Owned Property Is Presumptively Community Property in California
Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.
California Judge Explains Why Acevedo Doesn’t Bar Retroactive Orders
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.