Business Law

The Ninth Circuit Bankruptcy Appellate Panel held that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining state governmental disciplinary proceedings where the debtor asserts discrimination under 11 U.S.C. section 525(a).  Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing Spikes v. Quality Loan Service Corp. (In re Spikes), 662 B.R. 704 (Bankr. E.D. Cal. 2024). Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is a preview of the November 2025 update of Trade Secrets Practice in California. Read more

Alanna is admitted to the state Bar of California, and to the U.S. District Courts for the Eastern and Central Districts of California,  She received her JD from the University of the Pacific, McGeorge School of Law, in 2009, where she served on the Law Review and in the Anthony M. Kennedy Inn of Court.  She is also a 2004 graduate of Notre Dame.  Read more

Our best work is ahead of us. Thinking back on the previous term, that’s the sentence that keeps coming to mind.  Of course, this optimism for the future exists because of the tremendous accomplishments we achieved in this last term and previous terms.  Our Business Law Section’s ExCom officers, members, and advisors should be applauded for all of their successes, big and small, this last term.  Indeed, some of the smallest successes took the most effort to achieve, and in… Read more

In Lujan Claimants v. Liberty Mutual Ins. Co. (In re Boy Scouts of American), ___ F.3d ___ (3rd Cir. May 13, 2025) (“BSA”), the United States Court of Appeals for the Third Circuit (the “Third Circuit”) affirmed the United States District Court’s affirmation of the Bankruptcy Court’s confirmation of the reorganization plan of the debtors that provided for, among other things, unconsented releases of third parties by certain creditors notwithstanding the Supreme Court’s recent intervening prohibition of such releases in Purdue Pharma L.P., 603 U.S. 204 (2024) (“Purdue”).  Read more

The Bankruptcy Court for the Western District of North Carolina (the Court) recently ruled that a chapter 7 trustee could use Bankruptcy Code §§ 548 and 550 to recover from the Internal Revenue Service (IRS) taxes which had been paid on behalf of the Debtor’s principal with property of the estate.  Read more

Affirming the bankruptcy court and the Ninth Circuit Bankruptcy Appellate Panel (the BAP), the Ninth Circuit (the Circuit Court) recently decided two significant issues: (1) that the long-standing holding of In re Scovis, 249 F. 3d 975, 983 (9th Cir. 2001) - that normally the eligibility of a chapter 13 debtor is determined by the original schedules if filed in good faith - remains the prevailing standard; and (2) that under 11 U.S.C.§ 1322(c)(2), if the last payment on debt secured solely by the principal residence is due before the end of the plan term, the plan may modify the secured portion based on the property value and pay that portion through the plan. In other words, that undersecured debt may be crammed down in the chapter 13 plan. Read more

A United States Bankruptcy Court in the Eastern District of Louisiana (the Court) recently held that temporary injunctive relief was  appropriate during the term of a Sub V Chapter 11 plan to protect insiders and guarantors whose support and credit were essential to performance of the plan terms.  It found that such injunctive relief to protect non-debtors was not contrary to the Supreme Court ruling in Harrington v. Purdue Pharma L.P. (In re Purdue Pharma), 603 U.S. 204 (2024) and the issuance of such injunctive relief remained consistent with Fifth Circuit Read more

On July 11, 2025, the CDI issued a Notice extending the declaration of emergency in connection with the January fires in Los Angeles for 180 days.  The extension of the declaration of emergency allows insurers to utilize unlicensed adjusters under certain circumstances to facilitate the timely processing of claims. Read more