Does the receivership of a debtor extinguish an in pari delicto defense to the debtor’s claims if the debtor subsequently files bankruptcy? How can judgment-preservation insurance (JPI) help my client? Read more
The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Barrett, 2025 WL 1783558, 2025 Bankr LEXIS 1534 (BAP 9th Cir. Jun 27, 2025), a recent case of interest. Read more
The Ninth Circuit Bankruptcy Appellate Panel held that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining state governmental disciplinary proceedings where the debtor asserts discrimination under 11 U.S.C. section 525(a). Read more
The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing Spikes v. Quality Loan Service Corp. (In re Spikes), 662 B.R. 704 (Bankr. E.D. Cal. 2024). 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 a preview of the November 2025 update of Trade Secrets Practice in California. Read more
Alanna is admitted to the state Bar of California, and to the U.S. District Courts for the Eastern and Central Districts of California, She received her JD from the University of the Pacific, McGeorge School of Law, in 2009, where she served on the Law Review and in the Anthony M. Kennedy Inn of Court. She is also a 2004 graduate of Notre Dame. Read more
Our best work is ahead of us. Thinking back on the previous term, that’s the sentence that keeps coming to mind. Of course, this optimism for the future exists because of the tremendous accomplishments we achieved in this last term and previous terms. Our Business Law Section’s ExCom officers, members, and advisors should be applauded for all of their successes, big and small, this last term. Indeed, some of the smallest successes took the most effort to achieve, and in… Read more
In Lujan Claimants v. Liberty Mutual Ins. Co. (In re Boy Scouts of American), ___ F.3d ___ (3rd Cir. May 13, 2025) (“BSA”), the United States Court of Appeals for the Third Circuit (the “Third Circuit”) affirmed the United States District Court’s affirmation of the Bankruptcy Court’s confirmation of the reorganization plan of the debtors that provided for, among other things, unconsented releases of third parties by certain creditors notwithstanding the Supreme Court’s recent intervening prohibition of such releases in Purdue Pharma L.P., 603 U.S. 204 (2024) (“Purdue”). Read more
The Bankruptcy Court for the Western District of North Carolina (the Court) recently ruled that a chapter 7 trustee could use Bankruptcy Code §§ 548 and 550 to recover from the Internal Revenue Service (IRS) taxes which had been paid on behalf of the Debtor’s principal with property of the estate. Read more