Business Law Insolvency Law Committee

Prior precedent establishing contempt as the exclusive remedy for discharge injunction violations did not preclude a discharged debtor from seeking a remedy under the FDCPA against debt collectors who attempted to collect a debt that had been paid in full. Read more

Bankruptcy Court denied law firm’s employment application in debtors’ Chapter 11 Subchapter V bankruptcy cases because of the firm’s prepetition representation of debtors and their principals as counsel in litigation with the debtors’ largest creditors. Read more

Bankruptcy Court denied cross-motions for summary judgment when addressing whether a Merchant Cash Advance Agreement were loans or true sales of future receivables. Read more

Chapter 11 debtor is ineligible for relief under Subchapter V because 20% of the debtor's voting stock is held by a publicly traded company qualified as an "issuer" under the Securities Exchange Act. Read more

Chapter 7 trustee could step into the shoes of the IRS and utilize the Uniform Voidable Transactions Act to avoid fraudulent transfers of real property that occurred ten years before the petition date, using the 10-year statute of limitations under 26 U.S.C. section 6502. Read more

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