Business Law

The following is a profile of the Honorable Thomas B. Donovan – the sixth in a series of profiles of Ninth Circuit bankruptcy judges. Judge Donovan and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, observations from the bench, and issues of interest. Judge Donovan was appointed to the bench in March 1994, and reappointed in 2008. Although his current term expires in 2022, he plans to retire as of March… Read more

The following article is a profile of the Honorable M. Elaine Hammond – the fifth in a series of profiles of Ninth Circuit bankruptcy judges. Judge Hammond and members of the Insolvency Law Committee met in her chambers and discussed her personal and professional background, observations from the bench, and issues of interest. The Judge's Hometown and Her Road to the Bay Area Judge Hammond calls Charlotte, North Carolina her hometown. She received her undergraduate degree from Duke University, and… Read more

The following article is the fourth in a series of profiles of Ninth Circuit bankruptcy judges. Judge Meredith Jury and members of the Insolvency Law Committee met in her chambers and discussed her personal and professional background, observations from the bench, and issues of interest. Judge Jury is a United States Bankruptcy Judge in the Central District of California, with chambers in the City of Riverside. She was first appointed to the bench in November 1997, and reappointed in 2011.… Read more

The following article is a profile of the Honorable Ernest M. Robles – the third in a series of profiles of Ninth Circuit bankruptcy judges. Judge Robles and members of the Insolvency Law Committee met in his chambers and discussed his personal and professional background, observations from the bench, and issues of interest. The Judge’s Hometown and Education Judge Robles was born in Mexico and was raised in San Francisco. As Judge Robles remarked, “in those days, San Francisco was… Read more

Dear constituency list members of the Insolvency Law Committee, the following is a case update analyzing a recent case of interest: SUMMARY In JPMCC 2007–C1 Grasslawn Lodging, LLC v. Transwest Resort Props. Inc. (In re Transwest Resort Props., Inc.), 801 F.3d 1161 (9th Cir. 2015), a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) ruled that a creditor’s appeal of a chapter 11 plan confirmation order should not be dismissed on equitable mootness grounds… Read more

Personal and Professional Background United States Bankruptcy Judge Martin R. Barash was sworn in on March 26, 2015, and assigned to serve in the Woodland Hills branch of the Central District of California. He feels as though he won the lottery, both in terms of his new judicial role and the location of his chambers. Indeed, Judge Barash may be the first Woodland Hills-based judge to have grown up locally. Judge Barash attended Taft High School in Woodland Hills, received… Read more

In Zachary v. California Bank & Trust, ___ F.3d ___ , 2016 WL 360519 (9th Cir. Jan. 28, 2016) (“Zachary”), the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) held that the absolute priority rule, codified in section 1129(b)(2)(B)(ii) of the Bankruptcy Code, continued to apply to individual chapter 11 cases following the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”).  In so holding, the Ninth Circuit overruled the decision of the U.S. Bankruptcy Appellate… Read more

On January 21, 2016, the California Supreme Court ruled that the state’s anti-deficiency statute enumerated under California Code of Civil Procedure Section 580b applied to short sales in addition to foreclosures.  Coker v. JPMorgan Chase Bank, N.A., S213137, 2016 WL 240901 (Cal. Jan. 21, 2016).  Section 580b states that no deficiency judgment may be obtained by the lender against the borrower when he/she defaults on a purchase money loan and the lender exhausts its security via sale under the deed of… Read more

On December 4, 2015, The Federal Trade Commission (“FTC”) reached an agreement to end litigation with five of the six defendants stemming from the complaint filed April 15, 2015, against Chad Caldaronello, Derek Nelson, Brian Pacios, Cortney Gonsalves, and Justin Moreira, DBA HOPE Services and HAMP Services.  Litigation against a sixth defendant, Denny Lake, has not settled. The original complaint, which was filed under seal, sought to obtain permanent injunctive relief, rescission of contracts restitution, refund of monies paid, and… Read more

SUMMARY In Windmill Health Products, LLC v. Sensa Products (Assignment for the Benefit of Creditors), LLC, 2015 U.S. Dist. LEXIS 145685 (N.D. Cal., Oct. 27, 2015), the U.S. District Court for the Northern District of California held that the Ninth Circuit’s prior ruling that bankruptcy law pre-empted California’s statute permitting an assignee for the benefit of creditors to avoid a preference governed, even though subsequent state court decisions rejected that view. To read the full unpublished decision, click here. FACTS Windmill Health… Read more