Business Law Insolvency Law Committee

In Tahican, the Nevada Supreme Court held that a fraudulent transfer claim seeking avoidance of a transfer of real property affects title or possession of real property under NRS 14.010(1) and supports a lis pendens, regardless of whether the plaintiff claims title or possession of the property. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (the BAP) published a recent opinion to confirm that the discharge injunction does not protect a debtor’s alter egos.   Read more

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution.  Read more

In In re Purdue Pharma L.P., 633 B.R. 53 (Bankr. S.D.N.Y. 2021) (Purdue 1), United States Bankruptcy Judge Robert D. Drain approved the nonconsensual third-party releases in the joint chapter 11 plan (the “Plan”) of debtors Purdue Pharma L.P. (“Purdue”), Purdue Pharma Inc. Read more

On November 30, 2022, in In re Mylife, 2022 Bankr. LEXIS 3363 (Bankr. C.D. Cal. 2022) (MyLife), United States Bankruptcy Judge Ernest M. Robles granted the motion of MyLife.com, Inc. (“MyLife”), a debtor-in-possession, to enjoin David A. Rancourt (“Rancourt”) from pursuing an arbitration and related litigation in Florida against MyLife’s chairman and CEO, Jeffrey P. Tinsley (“Tinsley”). Read more

On February 18, 2021 there appeared in the ILC E-Bulletin a previous article I authored regarding the case of In re Evans, 618 B.R. 493 (Bankr. E.D. Mich.2020). Read more

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution. Read more

In Pancic v Lokan (In re Lokan), 2023 WL 401408 (9th Cir. BAP 6/14/2023) (unpublished), the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate. Read more

In Matter of Texxon Petrochemicals, L.L.C., 67 F.4th 259 (5th Cir. 2023), a case perhaps more interesting for what it analyzed but didn’t decide than what it did, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) discussed the application of equitable mootness in regard to a proceeding on appeal after the bankruptcy case was dismissed but no plan had been confirmed.  Read more

On April 27, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion adopting the preponderance-of-the-evidence standard for turnover actions under Bankruptcy Code § 542.  In re Dordevic, 67 F.4th 372 (7th Cir. 2023). Read more