9th Circuit

A Hotel Without Income Is ‘Single Asset Real Estate,’ District Judge Says

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.

Ninth Circuit Describes the Pleading and Proof for Converting from ‘11’ to ‘7’

With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.
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Rule 9011 Sanctions Imposed for Filing Decedent’s Estate to Halt Foreclosure

Judge Christopher Klein lays out the requisites for imposing sanctions under Rule 9011 for frivolous filings.

Bidding Not Always Required When a Settlement Includes a Sale of Assets, BAP Says

If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
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In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says

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.
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Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
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Sub V Has a Flexible Commitment Period in Cramdown, Ninth Circuit BAP Says

Unlike chapters 12 and 13, the bankruptcy court in Subchapter V has discretion in selecting the commitment period for confirmation of a cramdown plan.
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It’s Not Easy to Set Aside Releases for Fraud, Judge Whitman Holt Says

To settle with a trustee, a creditor is not required to volunteer damaging information.

A Business Not Designed to Turn a Profit Is Eligible for Subchapter V, BAP Says

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.
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Contempt Under Rule 9011, Section 105(a) and Inherent Authority Isn’t Interchangeable

The Ninth Circuit BAP explained the differences between contempt under Rule 9011, Section 105(a) and inherent authority.
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