California Lawyers Association

Business Law

Updates and events from the Business Law Section

The program will focus on special topics in traditional Chapter 11 practice. The panel will discuss recent developments and ways to avoid pitfalls in key Chapter 11 areas. Sub-chapter V will not be covered. Read more
The Seventh Circuit Court of Appeals (the Court) recently ruled that an asset purchaser who knew of but ignored a third party’s right of first refusal was not a good-faith purchaser protected by §§ 363(f) and (m) of the Bankruptcy Code. Archer-Daniels-Midland Company v. Country Visions Cooperative, 2022 WL 998984 (7th Cir. April 4, 2022). Read more
HHS may not vary Medicare prescription drug reimbursement rates by hospital group unless it surveys hospital acquisition costs. Read more
In Thakkar v. Good Gateway, LLC, 2022 WL 552743 (Nos. 20-4792 and 20-4800) (N.D. Ga. January 12, 2022) (“Thakkar”), the United States District Court for the Northern District of Georgia (the “Court”) rule that because he did not have a direct pecuniary interest in the matter, an LLC member of the debtors lacked standing to appeal the Bankruptcy Court’s ruling denying the debtors’ motions against a creditor for sanctions for allegedly violating the automatic stay and a mediation order in their bankruptcy cases. Read more
On June 21, 2022, President Joseph Biden signed S.3823 into law. The law, which is effective immediately, makes the following material changes to the Bankruptcy Code. Read more
State-law formula for allocating tort settlement funds between past and future medical expenses not preempted by the Medicaid Act. Read more
The following is a case update written by Robert G. Harris (rob@bindermalter.com), a partner in the Silicon Valley bankruptcy boutique, Binder & Malter, LLP, analyzing a recent decision of interest. Read more
The Ninth Circuit Court of Appeals (the Court) allowed former chapter 7 debtors to deduct from their taxes the interest credited as paid to the lender from the proceeds of a short sale, overruling a determination by the Internal Revenue Service that they were not entitled to the interest deduction. Read more
The Court denied plaintiff franchisor Kahala Franchising, LLC’s (“Kahala”) motion for preliminary injunction against defendant holdover Pinkberry frozen yogurt franchisee Real Faith, LLC (“Real Faith”) primarily on the basis that Real Faith overcame Kahala’s rebuttable presumption of irreparable harm. Read more
The Court of Special Appeals of Maryland (the Court), interpreting its version of UCC § 3-309, recently held that an entity that lost a note in its possession may assign that lost note, along with the right to enforce it, so long as the initial entity was entitled to enforce the note when it lost possession. Jones v. Ward, 2022 WL 556977, ___ A. ___ (Md. Court of Special Appeals, 2/24/22). Read more

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