Business Law

In an unpublished decision, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the bankruptcy court’s rulings denying a chapter 7 debtor’s motion to convert and motion for reconsideration, based on its determination that the bankruptcy court’s finding that the debtor had sought conversion in bad faith was not clearly erroneous.   Read more

The United States Bankruptcy Appellate Panel of the Ninth Circuit recently affirmed the bankruptcy court finding that a chapter 7 trustee may assert a fraudulent conveyance action that occurred within seven years of the bankruptcy petition provided that (1) either the fraudulent transfer occurred within four years of the bankruptcy petition or (2) a judgment (creating a creditor) is entered against a debtor within four years of the bankruptcy petition.  Weil v. Pyramid Center, Inc. (In re Momentum Dev. LLC), 649 B.R. 33 (B.A.P. 9th Cir. 2023). Read more

A federal court in the Eastern District of California recently denied a subfranchisor’s motion to change venue to the Eastern District of New York, holding that its Operator Agreement was a franchise agreement under California law, thus making its forum-selection clause invalid under the California Franchise Relations Act (CFRA). Read more

Special low price! 1 Hour MCLE; 1 Legal Specialization in Bankruptcy Law   Recent case law developments important to lenders and secured creditors including:  Required interest payments to creditors of a solvent debtor in a Chapter 11 plan; Potential enforcement of a guarantor’s obligations for defaulted debts after the guarantor’s bankruptcy discharge; Traps for the unwary in enforcing security interests in a debtor’s litigation claims, including those against company directors and officers; and Issues in recovering attorneys’ fees on tort claims… Read more

A bankruptcy court in the District of Idaho held that a Chapter 13 Debtor’s employer-paid medical and dental benefits shall be considered income for purposes of calculating “currently monthly income” (“CMI”) for Means Test purposes.  In re Clifford, No. 22-00129-NGH, 2022 WL 16727279, at *1 (Bankr. D. Idaho Nov. 4, 2022). Read more

The California Consumer Privacy Act (“CCPA”) was signed into law on June 28, 2018, and went into effect January 1, 2020. The CCPA was later amended when California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). Read more

Please join the Nonprofit Organizations Committee for a program on the topic: Advocacy and Lobbying for Tax-Exempt Organizations to be presented by Andrew Harris Werbrock and Anna Myles-Primakoff.  Read more

Employee monitoring is not a new phenomenon in the United States. Badge swipes, website traffic monitoring and security cameras were commonplace, even before the pandemic. 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 April 2023 update to California Law of Contracts. Read more

This month, we are excited to highlight the achievements of Business Law Section member, Nina L. Hong. Read more