A Statement ‘For Informational Purposes’ Can Still Be a Stay Violation, BAP Says
A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.
Court:
Judge Klein Charts the Path for Discharging Student Loans and Not Being Reversed
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.
Ninth Circuit BAP Rules on a Question to Be Decided Soon by the Supreme Court
Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.
Court:
Limited Partnership Agreement Is an Estate Asset, Not an Executory Contract
Because a limited partner’s obligations were only ‘options,’ the partnership agreement was not an executory contract, Chief Judge Meier says.
Court:
DocuSign Not Permitted Absent Existence of the Document with a ‘Wet’ Signature
As a general rule, counsel must show the existence of a document with a ‘wet’ signature to use an electronically signed version in court.
Ninth Circuit Panel Splits on Counting Creditors for an Involuntary Petition
The majority and the dissenter disagreed on whether the judgment merged individual creditors’ claims into one claim.
Court:
Electric Power Held Not to Be Goods with a 20-Day Priority Under Section 503(b)(9)
An Oregon power company appears headed for the Ninth Circuit to decide whether electric power qualifies as “goods” to be accorded the 20-day priority.
Court:
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.
Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction
Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.
Ninth Circuit Says: A Sale Order Can’t Alter the Terms of the Contract
A surprising opinion by the Ninth Circuit was nonprecedential.
Court: