June 22, 2022
An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.
June 17, 2022
With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.
June 8, 2022
Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.
June 1, 2022
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
May 19, 2022
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
May 13, 2022
Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
May 6, 2022
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit , Montana ,
May 3, 2022
The Ninth Circuit BAP holds that litigating with the largest creditor and maintaining the corporation in good standing is sufficient to show that the debtor ‘is engaged’ in business on the filing date.
April 27, 2022
The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.