Business Law Insolvency Law Committee

The Hon. J. Barrett Marum sat down with Gary Rudolph and Kathleen Cashman-Kramer to talk about his first ten months on the bench. Read more

In Lysyy v. Deutsche Bank National Trust Co., ___ F.4th. ___ (W.D. Wash., May 27, 2025) (“Lysyy”), the United States District Court for the Western District of Washington (the “District Court”) granted the motion of the defendant (the “Defendant”) to strike the jury demand of the plaintiff (the “Plaintiff”) for violation of the automatic stay under Bankruptcy Code § 362(k) and to quiet title on the grounds that both were claims in equity for which the Seventh Amendment of the United States Constitution (the “Seventh Amendment”) does not guarantee a jury trial in federal court.  Read more

The United Staes Bankruptcy Court for the Northern District of Mississippi (the Court) recently held that damages arising from an employer’s failure to give the required notices under the Worker Adjustment and Retraining Notification Act (the “WARN Act”) ware entitled to priority as wages under 11 U.S.C. § 704(a)(4).  Read more

The United States Bankruptcy Court for the Southern District of New York (the Court) recently denied the motion of an Assignee for the Benefit of Creditors to dismiss an involuntary chapter 7 proceeding or to abstain, concluding that the best interests of creditors and administration of the estate favored a bankruptcy proceeding.  Read more

In HAR-BD, LLC v. Leslie (In re TBH19, LLC), 668 B.R. 881 (9th Cir. BAP 2025), the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) reaffirmed that administrative fees such as the trustee’s statutory commission or attorneys’ fees in a chapter 7 case should not necessarily be reduced simply because those professionals will ultimately receive more than unsecured creditors.  Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Tran and Le, 2025 WL 1255580 (April 30, 2025), a recent case of interest. Read more

The United States Supreme Court has held that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code does not extend to state law claims “nested” within a Section 544(b) claim for relief, depriving bankruptcy trustees of the right to sue the United States under state law to avoid prepetition fraudulent transfers of debtor funds.  Read more

Section 544(b) of the Bankruptcy Code provides that a trustee may avoid a transfer of a debtor’s property interest that is voidable under applicable law by a creditor holding an allowed unsecured claim against the estate.  Read more

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