June 26, 2025
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
April 16, 2025
After the court had denied contract assumption, there was no compensation for keeping assumption alive pending appeal.
March 17, 2025
Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’
February 13, 2025
In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
October 18, 2024
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
February 1, 2024
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
November 8, 2023
We focus on ethics two days in a row, given the recent disturbing events in Houston.
October 18, 2023
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
July 6, 2023
‘Conflict preemption’ bars retaliation by a professional whose fees are disputed.
May 24, 2023
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.