Thursday, September 12, 2019, 9 a.m. – 1 p.m. California Lawyers Association 400 Capitol Mall, Suite 650 Sacramento, CA 95814 Space limited! Every lawyer wants to hear new ideas for developing and growing their business.  This unique, limited attendance program led by Stuart Teicher will not only give you the opportunity to hear new ideas…

Summary: In In Jones v. Machado-Powell, 2018 WL 4925214 (9th Cir. BAP 2018), the Bankruptcy Appellate Panel held, in an unpublished opinion, that Appellees had not violated the automatic stay when they removed and sold debtor’s personal property and then listed the real property for sale as debtor had neither an ownership interest, nor a possessory interest in said real property, when debtor filed for chapter 13 bankruptcy relief.

Summary: The California Court of Appeal reversed the trial court’s judgment and held that the Uniform Voidable Transactions Act (Cal. Civ. Code. § 3439 et seq., formerly known as the Uniform Fraudulent Transfer Act, or UFTA) can apply to a premarital agreement in which the prospective spouses agree that upon marriage each spouse’s earnings, income, and other property acquired during marriage will be that spouse’s separate property. Robert Sturm v. Todd Andrew Moyer et al., No. B284553 (Cal. Ct. App. Feb. 15, 2019). The Court held that the application of the UFTA to a premarital agreement depends on whether there was actual or constructive fraud under Civil Code section 3439.04, and remanded to the trial court to make that determination.

The California Lawyers Association has created a new advisory group to help ensure CLA members stay up-to-date with their ethical obligations. The new Ethics Committee will create educational content, comment on proposed rule changes, write advisory opinions on emerging ethical issues, and issue ethics alerts and reminders to CLA members.