Business Law Insolvency Law Committee

In April 2021, the Supreme Court submitted to Congress proposed revisions to the Federal Rules of Bankruptcy Procedure (“FRBP”) and the Federal Rules of Appellate Procedure (“FRAP”). Read more

In order to receive a "Covid-19 Discharge" debtors must still comply with all other provisions of bankruptcy code section 1328(a) through (h); meeting only the requirements of section 1328(i) will not result in a discharge. Read more

In Mai v. HKT Cal Inc., 66 Cal. App. 5th 504 (2021), the California Court of Appeal provided guidance on how litigants must offer proof of attorneys’ fees as damages in California courts, as distinguished from attorneys’ fees as costs. Read more

In re Weinstein Co. Holdings LLC, 997 F.3d 497 (3d Cir. 2021) involved a work-for-hire contract between The Weinstein Company—a bankrupt movie company—and Bruce Cohen, the producer of the critically acclaimed 2012 film, Silver Linings Playbook Read more

A private student loan is not "funds received as an educational benefit" and therefore is not excepted from discharge under Bankruptcy Code section 523(a)(8)(A)(ii). Read more

A mortgagee could use its standing under a Nevada quiet title statute to invalidate a condominium association foreclosure sale that wiped out the mortgagee's junior lien because the sale violated the automatic stay in the borrower's bankruptcy. Read more

Under the Hawaii evidence code, a promissory note is not hearsay but a duplicate of a promissory note is not self-authenticating commercial paper. Read more

A creditor's failure to include the debtor's middle name in its financing statement was strong indication under Georgia law that the liens were invalid and could not be used to support a stay relief motion in a chapter 12 case. Read more

Court clarified what actions by a trustee are required in order for a chapter 7 debtor to lose his homestead exemption on recovered property under Bankruptcy Code section 522(g). Read more

So long as a structured settlement does not violate the absolute priority rule, a bankruptcy court may approve it notwithstanding the U.S. Supreme Court's ruling in Jeric Holding. Read more