Business Law

The Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit reversed a Nevada bankruptcy court’s decision to dismiss an involuntary chapter 7 bankruptcy case for lack of subject matter jurisdiction. Read more

In Masingale v. Munding (In re Masingale), 644 B.R. 530 (9th Cir. BAP 2022), the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeal (the “BAP”) held that an asset was fully exempt where chapter 11 debtors listed the value of their claimed exemption as “100% of FMV” and no objection to the exemption was filed.  Read more

The following published decisions may be of interest to attorneys practicing insurance law. Read more

On July 14, 2023, the CDI issued a Pre-Hearing Notice - Export List Hearing Request for Proposed Additions, Modifications or Deletions to the Export List notifying interested parties of the opportunity to make recommendations for additions to or deletions from the Export List in advance of the hearing, which is to be scheduled in the next few months. Read more

Public health care service plans are not immune from provider reimbursement actions under the Knox-Keene Act. Read more

n a published opinion, the Second Circuit Court of Appeals (the Court) recently ruled that § 365(b)(1)(A) of the Bankruptcy Code does not provide an administrative priority claim to a creditor (here a general contractor) who seeks payment from a debtor under one contract but whose assertion of uncured default arises from a separate contract (here a ground lease) in which the creditor has no contractual right. Read more

In an unpublished but analytic opinion, the Sixth Circuit Court of Appeals (the Court) recently questioned prevailing precedent which requires an appellant of a Bankruptcy Court order to be a person aggrieved and provides that the person-aggrieved test represents a jurisdictional bar.  Read more

The Eleventh Circuit Court of Appeals (the Court), interpreting Florida’s Uniform Fraudulent Transfer Act (FUFTA), which is patterned after the Uniform Fraudulent Transfer Act (UFTA) approved by the national Uniform Law Commission, ruled that a creditor asserting a claim for either actual fraud or constructive fraudulent transfer is not entitled to obtain a money judgment for compensatory damages, punitive damages, or attorney’s fees against the transferor of property.  Read more

The Fifth Circuit Court of Appeals (the Court) recently found that a lender to a developer which had accelerated its loan and then made a deal with the developer to transfer the property to the lender’s affiliate was entitled to make a credit bid for a sale free and clear of liens in the affiliate’s chapter 11 proceeding.  Read more

In In re Mariner Health Cent., Inc., 2023 Bankr. LEXIS 95 (Bankr. N.D. Cal. 2023) (Mariner), United States Bankruptcy Judge William J. Lafferty, III denied a motion to stay litigation filed in California state courts against non-debtor affiliates of debtors-in-possession Mariner Health Central, Inc. (“Mariner”), Parkview Operating Company, LP (“Parkview”), and Parkview Holding Company GP, LLP (“Parkview Holding”) (collectively, “Debtors”). Read more