Business Law

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution. Read more

Health plan’s duty to transport conservatee to psychiatric facility for assessment and evaluation is triggered by an authorized professional’s custodial determination, not by the conservator’s demand. Read more

In Pancic v Lokan (In re Lokan), 2023 WL 401408 (9th Cir. BAP 6/14/2023) (unpublished), the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") held that the chapter 13 debtors converted their case to Chapter 7 in good faith and therefore a post-petition inheritance was not property of the chapter 7 estate. Read more

In my practice I have noted, what appears to me, an upswing in persons requesting Limited Liability Companies (LLC) filings with the State.  Read more

Personal representative could not compel production of a minor’s medical records without proving they were withheld in bad faith. Read more

In Matter of Texxon Petrochemicals, L.L.C., 67 F.4th 259 (5th Cir. 2023), a case perhaps more interesting for what it analyzed but didn’t decide than what it did, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) discussed the application of equitable mootness in regard to a proceeding on appeal after the bankruptcy case was dismissed but no plan had been confirmed.  Read more

On August 14, 2023, the CDI issued a Notice of Export List Public Hearing setting the hearing date at 10:00 a.m. on September 14, 2023.  Read more

On April 27, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion adopting the preponderance-of-the-evidence standard for turnover actions under Bankruptcy Code § 542.  In re Dordevic, 67 F.4th 372 (7th Cir. 2023). Read more

The Bankruptcy Court for the Eastern District of California recently issued a decision analyzing the implications of using DocuSign and other electronic methods of signing affidavits and other documents, ultimately sustaining evidentiary objections to trial declarations for improper presentation of sworn written testimony. Read more

The Bankruptcy Court for the Eastern District of Michigan (the Court) denied chapter 7 debtors’ discharge under Bankruptcy Code § 727 (a)(2)(B) when it concluded after trial that the debtors’ election to apply expected tax refunds based on 2019 returns, filed post petition, toward 2020 tax liabilities was a transfer of property made with intent to hinder the chapter 7 trustee.  Read more