Business Law

With June now upon, us summer is in full swing at CLA and there is much going on with the Business Law Section! Read more

The United States Supreme Court, relying on textual interpretation, the principles of common-law fraud, precedent from the 1800s, and legislative intent, held that the debt incurred because of the fraud of a spouse or partner is imputed to the other partner and therefore is non-dischargeable in that person’s bankruptcy under the provisions of 11 U.S.C. § 523(a)(2)(A).  Read more

The plaintiff obtained two loans secured by his home. Plaintiff stopped making payments.  In March 2014, one lender foreclosed on a loan. Read more

In Rios, the Bankruptcy Court for the Eastern District of Wisconsin held that the Internal Revenue Service (“IRS”) had an “interest in property” through its federal tax liens on the Chapter 13 Debtors’ (“Debtors”) Social Security benefits. Read more

On May 8, 2023, the California Department of Financial Protection and Innovation (CDFPI) released a report related to its supervision of Silicon Valley Bank (SVB).  Read more

Utilizing provisions of the New York Limited Liability Company Law, a bankruptcy court in the Eastern District of New York (the Court) granted a chapter 11 liquidating trustee’s motion to appoint co-trustees to liquidate the assets of LLCs in which the deceased debtor was a managing member.  Read more

In a published opinion with a detailed description of the development abusind importance of California’s usury law, the California Court of Appeal (the Court) reversed a trial court ruling which reflected the lower court’s erroneous understanding that California’s complicated relationship with usury, with many exceptions, demonstrates that the prohibition of usury is not a fundamental public policy of the state. Read more

After receiving a bill for emergency medical treatment at Doctors Medical Center of Modesto (Hospital), Joshua Naranjo filed a class action lawsuit seeking declaratory and injunctive relief. Read more

Since July 1, 2022, the filing fees required to be paid for the registration of new corporations, limited liability companies (“LLCs”) and limited partnerships (“LPs”) with the California Secretary of State (the “Secretary of State”) have been waived. Read more

The allowed homestead exemption in Riverside County California, when Robert and Suzanne Reicher filed their chapter 7 petition, was roughly $456,000.  Read more