Business Law Insolvency Law Committee

In Kirkland v. Rund (In re EPD Inv. Co., LLC), 114 F.4th 1148 (9th Cir. 2024), the Ninth Circuit Court of Appeals affirmed the lower district court’s finding that when a jury determines that a debtor operates an entity meeting an objective criteria of a Ponzi scheme, then the presumption of “actual intent” exists.  Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Uriostegui (__B.R. __, 2025 WL 1367215 (9th Cir. BAP May 12, 2025), a recent case of interest. Read more

The Ninth Circuit Court of Appeals (the Court) in a published opinion held that the enforceability of a registered judgment relied on the viability of the underlying judgment.  If the underlying judgment was vacated, the registered judgment could not be enforced.  SDVF, LLC v. Cozzia USA LLC, ___ F. 4th ___, 2025 WL 911200 (9th Cir. March 26, 2025).  Read more

The United States Bankruptcy Court for the Northern District of Illinois (the Court) recently granted in part and denied in part a motion to compel arbitration of litigation arising out of a construction dispute brought in a subchapter V chapter 11 case. Read more

In a recent decision, the United States Bankruptcy Court for the Southern District of New York (the Court) confirmed a chapter 11 plan which included consensual third-party releases which were procured by using opt-out rather than opt-in requirements.  Read more

In a published opinion, The Ninth Circuit Court of Appeals (the Court) held that the logical relationship test which applies to the equitable doctrine of recoupment demands consideration of the equities, including the purpose of the Bankruptcy Code, in each individual case.  Read more

The following is a case summary written by Chase A. Stone regarding the recent Fifth Circuit Court of Appeal’s recent opinion in In re Serta Simmons Bedding, L.L.C., 125 F.4th 555 (5th Cir. 2024), (as revised Jan. 21, 2025 and Feb. 14, 2025), including the discussion of the bankruptcy court’s earlier decision (which was directly appealed to the Fifth Circuit Court of Appeals). Read more

The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent decision of the Ninth Circuit Court of Appeals in Munding vs. Masingale, 108 F.4th 1195 (9th Cir. 2024). Read more

In a recent published opinion, the Ninth Circuit Court of Appeals held that an individual who receives a collection letter in violation of 15 U.S.C. 1692c(a)(2) of the Fair Debt Collection Practices Act (the “FDCPA” or “the Act ) has Article III standing. The plaintiff received a letter directly from a debt collector when the collector knew he was represented by counsel, which was a violation of the Act.  Six v. IQ Data International, Inc., ___ F. 4th ____, 2025 U.S. App. LEXIS 4172 (9th Cir. February 24, 2025).  To view the opinion, click here: Read more

The following is an update written by Leonard Gumport on a recent case of interest. Summary In 2019, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) granted a preliminary injunction (the “Preliminary Injunction”) that temporarily stayed creditors of chapter 11 debtors Purdue Pharma L.P. (“Purdue”) and its affiliates (collectively, “Debtors”) from pursuing disputed claims against certain Sackler family members (the “Sacklers”). In 2020, in Dunaway v. Purdue Pharm. L.P. (In re Purdue Pharm.… Read more