Business Law

On August 14, 2023, the CDI issued a Notice of Export List Public Hearing setting the hearing date at 10:00 a.m. on September 14, 2023.  Read more

On April 27, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion adopting the preponderance-of-the-evidence standard for turnover actions under Bankruptcy Code § 542.  In re Dordevic, 67 F.4th 372 (7th Cir. 2023). Read more

The Bankruptcy Court for the Eastern District of California recently issued a decision analyzing the implications of using DocuSign and other electronic methods of signing affidavits and other documents, ultimately sustaining evidentiary objections to trial declarations for improper presentation of sworn written testimony. Read more

The Bankruptcy Court for the Eastern District of Michigan (the Court) denied chapter 7 debtors’ discharge under Bankruptcy Code § 727 (a)(2)(B) when it concluded after trial that the debtors’ election to apply expected tax refunds based on 2019 returns, filed post petition, toward 2020 tax liabilities was a transfer of property made with intent to hinder the chapter 7 trustee.  Read more

In a case which signals the death of the “person aggrieved” test for standing for bankruptcy appeals, the Ninth Circuit Court of Appeals (the Court) ruled that a large unsecured creditor lacked Article III standing to appeal the bankruptcy court’s enhanced fee award to the Chapter 11 trustee.  Matter of E. Coast Foods, Inc., 66 F.4th 1214 (9th Cir. 2023). Read more

State-law tort and statutory claims against health insurer are expressly preempted by Medicare Part C.  Read more

The Bankruptcy Court for the Western District of Tennessee (the Court) utilized the doctrine of quasi-estoppel to prevent the Internal Revenue Service from asserting that certain tax debts of chapter 7 debtors were nondischargeable.  In re Anderson, 650 B.R. 510 (Bankr. W.D. Tenn. 2023). 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 July 2023 update to Internet Law and Practice in California.  References are to the book’s section numbers.  The most significant legal developments since the last update include developments in such important topic areas as copyright, patent, disability accommodation, electronic contracting, privacy, cybersecurity, and First Amendment issues.  Read more

CMA’s standing to sue health insurer under the UCL based on diverting resources to oppose a business practice presents a triable issue. Read more

When is a foreclosure final for purposes of determining if it occurred pre-petition or post-petition? The Bankruptcy Court for the Eastern District of California (the “Court”) recently denied a motion by a buyer at a nonjudicial foreclosure sale to annul the automatic stay to validate his purchase of the property and to allow him to evict the debtor who owned and resided in the property. Read more