California Lawyers Association

Business Law Insolvency Law Committee

Updates from the BLS Insolvency Law Committee

Another Perspective – Creditor’s Refusal to Turnover Estate Property Obtained Prepetition Does Not Violate Automatic Stay Provisions of Section 362(a)(3). Read more
Subsequent Closure of Husband’s Case Caused Community Property to Transfer or Otherwise Vest with the Wife in Her Separate Bankruptcy Estate. Read more
Where a Contract Contains a Choice of Law Provision the Chosen State's Substantive Law Governs Whether a Plaintiff Can Recover Interest on Damages and at What Rate. Read more
Trust Rights Created by PACA are Alienable, Including by Assignment. Read more
Retention of Estate Property After the Filing of a Bankruptcy Petition Does Not Violate Section 362(a)(3) of the Bankruptcy Code. Read more
Defendant in a fraudulent transfer case failed to prove a good faith defense under the Texas statutory scheme where the trial record showed defendant was on inquiry notice of a Ponzi scheme but defendant did not engage in a diligent investigation. Read more
Two decisions providing insight on how to litigate an action so that its outcome can be used to establish the nondischargeability of a debt in a subsequent bankruptcy case. Read more
A financial arrangement structured as a sale of future accounts receivable was not a usurious loan. Read more
On a motion to dismiss an involuntary petition, court held that an undisputed claim arising from one purchase order by the alleged debtor from the sole petitioner qualified that petitioner to bring the involuntary petition even though the alleged debtor asserted a counterclaim to a second purchase order. Read more

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