Business Law Insolvency Law Committee

When awarding prejudgment interest on damages awarded for a fraudulent transfer claim brought under Bankruptcy Code section 544, the applicable prejudgment rate is the federal rate. Read more

Foreclosure trustee's postpetition issuance and recordation of a deed within fifteen (15) days of trustee's foreclosure sale of the debtor's residence did not violate the automatic stay because of the combined relation-back provisions of the Bankruptcy Code and California law. Read more

Cross-collateral provision in debtor's second and third loan agreements with credit union was sufficient to render a vehicle collateral for such loans where vehicle was purchased by debtor with a first loan from same credit union. Read more

Under California law, claims for actual intent fraudulent transfers do not require a plaintiff to prove harm or actual damages. Read more

Court remands preference case to trial court to explain why it adjudged 47 days as an ordinary course payment. Read more

Louisiana Rules of Professional Conduct require law firm to advise client of right to seek independent advice where firm's contingency fee agreement gives firm an equity interest in client. Read more

Real property rents collected by Chapter 7 trustee, declined by secured creditors and turned over to the court registry as unclaimed funds, remain property of the bankruptcy estate. Read more

Claim for Legal Malpractice Was Property of the Debtor Rather Than Property of the Bankruptcy Estate Read more

Bankruptcy Court Can Extend Its Own Expired Deadline for Assumption of Executory Contract Pursuant to Fed. R. Bankr. P. 9006(b)(1)(2) for Excusable Neglect. Read more

Purchaser of Real Estate Does Not Have Constructive Notice of a Seller’s Alias That Does Not Appear in the Chain of Title. Read more