Business Law Insolvency Law Committee

Courts reach different conclusions on whether a debtor can transform a chapter 11 case to a Subchapter V case, turning on the court's view of debtor's integrity and a sensitivity to the remedial purposes of Subchapter V. Read more

Possession of an original mortgage note, endorsed in blank, creates a rebuttable presumption that the lender has standing to file a foreclosure action. Read more

Court affirms order adding alter ego entities to a judgment against a shell entity. Read more

The BAP affirms a bankruptcy court decision awarding a bank attorneys' fees and costs incurred in getting a chapter 13 case dismissed as a bad faith filing following debtor's unsuccessful 12-year litigation effort to forestall a foreclosure. Read more

Sustaining Demurrer Without Leave to Amend Is Appropriate When the Claim Is Based on an Oral "Loan Mod" Agreement. Read more

State’s Deduction of HQAF Assessments from Medi-Cal Payments Hospital Earned for Services During the Chapter 11 Case Was an Improper Setoff. Read more

Beneficial Interest in Real Estate Occupied by the Debtor Is a Sufficient Basis for a Homestead Exemption. Read more

Another Perspective – Creditor’s Refusal to Turnover Estate Property Obtained Prepetition Does Not Violate Automatic Stay Provisions of Section 362(a)(3). Read more

Creditor of Bankruptcy Estate Lacked Standing to Challenge Violation of the Automatic Stay 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