Business Law Insolvency Law Committee

According to the Third Circuit Court of Appeals (the Circuit Court) there is a distinction between whether ERISA applies to and governs a retirement plan and whether the plan complied with ERISA’s requirements to receive tax benefits.  Therefore, even if the debtors’ defined benefit retirement plans were not “qualified” under ERISA because of violations in their use, they still were excluded from his bankruptcy estate by 11 U.S.C. § 541(c)(2).  McDonnell v. Gilbert (In re Gilbert), ___ F4th ___, 2024 WL 4645582 (3rd Cir. November 1, 2024).  To view the opinion, click here: Read more

The Sixth Circuit Court of Appeals (the Circuit Court) recently affirmed the district court in concluding that denying chapter 7 debtors a discharge under 11 U.S.C. § 727(a)(2)(B) when they elected to apply tax year 2019 tax refunds to potential tax year 2020 taxes was improper because the bankruptcy court’s factual finding that they did so with actual intent to hinder creditors was clearly erroneous.  Read more

The following is a case summary written by Gary B. Rudolph, a director at Fennemore LLP’s San Diego office, analyzing In re Village Oaks Senior Care LLC, 664 B.R. 170 (Bankr. ED CA 2024) a recent decision of interest. Read more

The following is a case summary written by Robert Harris and Kathleen A. Cashman-Kramer regarding the recent California Court of Appeal decision in Bijan Boutiques, LLC v. Isong, 104 Cal.App.5th 132 (Court of Appeal, Fourth District, August 13, 2024), holding that while a property division by a marital settlement agreement between divorcing spouses may be challenged as a fraudulent or voidable transfer, a property division entered by contested court order in a marital dissolution may not be.  Read more

The following is a case summary written by Chase A. Stone regarding the recent California Supreme Court’s recent decision in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC,  17 Cal.5th 256, 560 P.3d 297 (2024).  Read more

The following is a profile of the Honorable Theodor Albert – the latest in a series of profiles of Ninth Circuit bankruptcy judges.  Judge Albert and members of the Insolvency Law Committee and Business Law Section Executive Committee met in Judge Albert’s chambers and discussed his personal and professional background, observations from the bench, and other issues of interest. Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Wike, 660 B.R. 683 (B.A.P. 9th Cir. 2024) (“Wike”). Read more

The following is a case summary written by Gary M. Kaplan, a partner at Farella Braun + Martel LLP in San Francisco, analyzing Saldana v. Bronitsky (In re Saldana), 122 F.4th 333 (9th Cir. Nov. 22, 2024), a recent decision of interest. Read more

October 21, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update written by Patrick Costello, analyzing In re Point 360, 2024 WL 2862577 (9th Cir. June 6, 2024), a recent case of interest: SUMMARY In In re Point, the Ninth Circuit affirmed the ruling of the District Court holding that a venture loan secured debt was not subject to subordination pursuant to 11 U.S.C. § 510(b) simply because the loan terms included “equity… Read more

October 18, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re O'Gorman, No. 23-60005, 2024 WL 4113544 (9th Cir. Sept. 9, 2024), a recent case of interest: SUMMARY In In re O’Gorman, the Court of Appeals for the Ninth Circuit upheld a bankruptcy court decision granting summary judgment to the trustee who sought to avoid a fraudulent transfer by… Read more