Business Law

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

Some skilled nursing facilities serving Medi-Cal beneficiaries may provide special treatment program (STP) services to patients with chronic psychiatric impairments, for which they receive reimbursement from the Department of Health Care Services based on days of care and type of services provided. Read more

In an unpublished decision, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) affirmed the bankruptcy court’s rulings denying a chapter 7 debtor’s motion to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