Business Law Insolvency Law Committee

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

Funds Transferred by Debtor During Chapter 13 Should Be Considered Property of the Converted Estate Under § 348(f)(1)(A). Read more

Please be advised that on December 4, 2020, the California Secretary of State, Business Program Division circulated the following announcement detailing the temporary suspension of certain corporate services, including expedited and preclearance filing services, and the closure of the Los Angeles Regional office. Read more

Modification of Chapter 13 Plan Appropriate to Capture Post-Petition Income Earned After Confirmation and Would Be Sufficient To Pay All Creditors in Full. Read more