Business Law Insolvency Law Committee

The following is a case update written by Monique D. Jewett-Brewster, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

The following is a case update written by Christopher V. Hawkins, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

The following is a case update written by Monique D. Jewett-Brewster, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

The following is a case update written by Dean T. Kirby, Jr., a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

On August 23, 2019, President Trump signed the Small Business Reorganization Act of 2019 (“SBRA”) into law. The SBRA is scheduled to take effect on February 19, 2020. Read more

On August 23, 2019, the SBRA was signed into law. It becomes effective on February 19, 2020. Read more

Presented by the Business Law Section Insolvency Law Standing Committee Tuesday, October 29, 2019 Alston & Bird333 S. Hope Street 16th FloorLos Angeles, CA 90071Parking will be validated for cars arriving after 5:30 p.m. Earn 1 Hour of MCLE Credit. Includes legal specialization, Bankruptcy Law Register Here Registration Info | PDF Flyer | Registration Form 5:30 p.m. - 6 p.m. – Registration6 p.m. - 7 p.m. – Program 7 p.m. - 8 p.m. – Networking Reception Panelists Kit Gardner, Law… Read more

Summary: The U.S. Court of Appeals for the Ninth Circuit affirmed the confirmation of a chapter 11 plan in which one of the debtor’s tenants operated a marijuana business. Garvin v. Cook Invs., NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019). The court held that Section 1129(a)(3), which requires that the plan be proposed “not by any means forbidden by law,” is to be construed to mandate only that the court determine whether the plan is proposed in an unlawful manner; and not whether a plan may contain substantive provisions that “depend on illegality.” Read more

Summary: In Benzeen Inc. v. UST – United States Trustee, Woodland Hills, No. 18-1185, 2019 WL 1096334 (9th Cir. BAP Mar. 6, 2019), the United States Bankruptcy Appellate Panel of the Ninth Circuit reversed the bankruptcy court’s sua sponte order dismissing a debtor’s bankruptcy case at a status conference and hearing on debtor’s disclosure statement based on, among other reasons, procedural errors and due process concerns. Read more

Summary: The Bankruptcy Appellate Panel for the United States Court of Appeals for the Ninth Circuit held that a bankruptcy court did not abuse its discretion in denying debtors’ motion to remand their state court lawsuit against their creditors and directing the chapter 7 trustee to dismiss the adversary proceeding. In re Morabito, No. NV-17-1304-TaBKu, 2018 Bankr. LEXIS 3604 (9th Cir. BAP Oct. 30, 2018). The BAP upheld the bankruptcy court’s decision that the debtors were not prejudiced by dismissal of the claims since they were claims of the estate and not the debtors. Read more