In a move to raise transparency regarding California business ownership, the California Senate passed SB 1201 on May 16, 2024. This bill, if enacted into law, would impose on all domestic and foreign limited liability companies and corporations the obligation to provide certain information about the beneficial owners of those entities. Read more
The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent U.S. Bankruptcy Court decision in In re U.S.A. Dawgs, Inc., 657 B.R. 98 (B.A.P. 9th Cir. 2024). Read more
The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent U.S. Bankruptcy Court decision in In re HVI Cat Canyon, Inc., 658 B.R. 558 (Bankr. C.D. Cal. 2024). To view the published opinion, click here. Read more
n In re Drummond, the United States Bankruptcy Court for the District of Arizona certified to the Arizona Supreme Court the question of whether a motor home qualifies as a mobile home for the homestead exemption under Arizona law. The Arizona Supreme Court answered that a motor home does not qualify as an exempt “mobile home.” Read more
Awareness Over Knowledge: Equip yourself to converse effectively with your clients about the intricacies of cyber risk. While deep technical knowledge might not be required to have a meaningful discussion with a client, having a heightened sense of awareness of the issues is indispensable. Read more
In In re Lee and Chen, 2023 WL 7489928 (BAP 11/13/23), the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") held that § 1322(c)(2) is an exception to § 1322(b)(2), and that the Chapter 13 debtors were able to bifurcate and cramdown a secured debt on their residence that matures during the plan. Read more
In In re Evans, 69 F.4th 1101 (9th Cir. 2023), the Ninth Circuit Court of Appeals has joined the Tenth Circuit decision in In re Doll, 57 F.4th 1129 (10th Cir. 2023) on an issue that other circuits have also recently addressed, holding that a standing trustee in a Chapter 13 case may not be paid her percentage fee when the case is dismissed prior to confirmation. Read more
Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is from the January 2024 update to Organizing Corporations in California. References are to the book’s section numbers. The most significant legal developments affecting corporate formation practice in California since the last update include developments in such important topic areas as board diversity requirements, director inspection rights, the Corporate Transparency Act, crowdfunding, jurisdiction, and more. Read more
After a winter filled with snow, hail, and rain, it’s a pleasure to welcome spring! Spring is a busy time for the Business Law Section and a great time to check out what the BLS offers to enhance your practice and expand your community. Read more
1 Hour MCLE; 1 Legal Ethics Today’s transactional lawyers perform a whole host of legal and other services for their clients. It can run the gamut from conceptualizing to strategizing and then on to the drafting, crafting and negotiating these often times complex, risky, and often times bespoke transactions their clients bring to the table. On the other side of that table, sits another team of sophisticated transactional lawyers who are ready to battle over every word, representation, deliverable, and… Read more