Business Law Insolvency Law Committee

In Rattagan v. Uber Techs., Inc., 19 F.4th 1188, 1189 (9th Cir. 2021), the United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court since there is no controlling precedent: Whether claims for fraudulent concealment are exempt from the economic loss rule under California law. Read more

Richard Golubow of Winthrop Golubow Hollander, LLP, is the author of “Local Bankruptcy Rules: California (C.D. Cal.)”, a Practice Note published by Thomson Reuters summarizing selected local rules of the US Bankruptcy Court for the Central District of California. Read more

In In re Harang, 634 B.R. 731 (6th Cir. BAP 2021), the Bankruptcy Appellate Panel for the Sixth Circuit held that a bankruptcy court has the authority to impose conditions and incorporate prior factual findings in a dismissal order on a plaintiff’s voluntary motion to dismiss with prejudice an adversary proceeding under Rule 41 of the Federal Rules of Civil Procedure. Read more

In Rattagan v. Uber Techs., Inc., 19 F.4th 1188, 1189 (9th Cir. 2021), the United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court since there is no controlling precedent. Read more

The Eighth Circuit Court of Appeals has held that the recipient of a fraudulent transfer may have committed “actual fraud” for purposes of non-dischargeability. Lariat Company, Inc. v. Wigley (In re Wigley), 15 F.4th 1208 (8th Cir. 2021). Read more

A Bankruptcy Court in the Western District of Pennsylvania (the “Court”) recently upheld challenges to the eligibility of a physician to proceed as a debtor in Subchapter V. Read more

In Allred v. Arendt (In re Dozier), 2021 Bankr. LEXIS 3450 (Bank. S.D. December 15, 2021) (“Dozier”), the United States Bankruptcy Court for the District of South Dakota (the “Bankruptcy Court”) denied the Chapter 7 trustee’s motion for summary judgment against the debtor’s former counsel on claims alleging various species of fraud. Read more

The Eleventh Circuit Court of Appeals (the Court) certified questions relating to Florida’s “safe harbor” provisions in its adoption of the Uniform Commercial Code (UCC) which could save a creditor from losing its secured interest if it filed a financing statement with an incorrect name for the debtor. Read more

A Bankruptcy Court in the Eastern District of Virginia (the Court) recently ruled that a provision under Virginia law which dissociates a member of a limited liability company upon the filing of a bankruptcy petition, thereby terminating that member’s non-economic/management interests in the LLC, was unenforceable as a violation of Bankruptcy Code § 541(c)(1) Read more

Writing a month apart, two bankruptcy courts addressed the issue of whether the “Shared Responsibility Payment” (SRP), which citizens are required by the Internal Revenue Code (IRC) to pay if they do not maintain a minimal standard of health care insurance, is entitled to payment as a priority claim in a Chapter 13 case. Read more