Business Law

The United Staes Bankruptcy Court for the Northern District of Mississippi (the Court) recently held that damages arising from an employer’s failure to give the required notices under the Worker Adjustment and Retraining Notification Act (the “WARN Act”) ware entitled to priority as wages under 11 U.S.C. § 704(a)(4).  Read more

The United States Bankruptcy Court for the Southern District of New York (the Court) recently denied the motion of an Assignee for the Benefit of Creditors to dismiss an involuntary chapter 7 proceeding or to abstain, concluding that the best interests of creditors and administration of the estate favored a bankruptcy proceeding.  Read more

In HAR-BD, LLC v. Leslie (In re TBH19, LLC), 668 B.R. 881 (9th Cir. BAP 2025), the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) reaffirmed that administrative fees such as the trustee’s statutory commission or attorneys’ fees in a chapter 7 case should not necessarily be reduced simply because those professionals will ultimately receive more than unsecured creditors.  Read more

Leonard Gumport has served as a mediator for more than 25 years. His mediations have involved bankruptcy, business, regulatory, and consumer disputes, including class actions and government enforcement proceedings. Read more

For this Chair’s statement, I wanted to discuss something that brought me to the Business Law Section in the first place: our impact on legislation and regulation.  Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Tran and Le, 2025 WL 1255580 (April 30, 2025), a recent case of interest. Read more

A conditions of admission provision assigning uninsured motorist benefits to the hospital is an unenforceable adhesion contract even for Medi-Cal patients. Read more

Patient billed by hospital for EMS fee may assert a breach of contract claim where the admissions form required payment only for “services.” Read more

The United States Supreme Court has held that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code does not extend to state law claims “nested” within a Section 544(b) claim for relief, depriving bankruptcy trustees of the right to sue the United States under state law to avoid prepetition fraudulent transfers of debtor funds.  Read more

Section 544(b) of the Bankruptcy Code provides that a trustee may avoid a transfer of a debtor’s property interest that is voidable under applicable law by a creditor holding an allowed unsecured claim against the estate.  Read more