Business Law

On June 27, 2022, the U.S. Supreme Court granted a petition for writ of certiorari on the issue of whether Bankruptcy Code § 363(m) is a jurisdictional bar to appellate review of certain sale-related orders. Read more

The California Supreme Court (the Court) recently analyzed the scope and breadth of privity in connection with a claim preclusion scenario, limiting the reasoning and holding of Castillo v. Glenair, Inc., 23 Cal. App. 5th 262 (2018). Read more

In In re Pietro Cimino, 2021 WL 4593375 (9th Cir. B.A.P. Oct. 6, 2021), the United States Bankruptcy Appellate Panel of the Ninth Circuit (BAP), affirmed the bankruptcy court’s ruling, which applied issue preclusion to a state court judgment to grant summary judgment in a non-dischargeability claim under Section 523(a)(2)(A) and (a)(6).  Read more

The Agribusiness Committee of the California Lawyers Association’s Business Law Section presents a webinar on Banking and Lending for Agribusiness (food and produce distributors and related industries) on November 15, 2022, at 12:00 p.m. to 12:30 p.m. Read more

Joining a list of competing opinions on the issue, the District Court for the Eastern District of New York (the Court) recently held that a debtor may assert a homestead exemption as provided by New York law against the proceeds from a “give-up” transaction (often referred to as a carve-out) whereby a bankruptcy trustee sought to sell an over encumbered residence. Read more

Trial court erred in denying leave to amend in connection with dismissal of COVID-19 business interruption coverage suit where policy covered losses due to communicable disease events. Read more

Breach of confidentiality claim under the CMIA requires proof that medical information was “actually viewed” by an unauthorized party. Read more

The Second Circuit Court of Appeals (the Court) recently ruled that a foreclosure of a tax lien under the strict foreclosure standard established by New York law may be set aside as a fraudulent transfer in a bankruptcy proceeding, rejecting the application of BFP v Resolution Trust Corp, 511 U.S. 531 (1994) to this procedure. Gunsalus v County of Ontario, New York (In re Gunsalus), 2022 WL 2296945 (2nd Cir. June 27, 2022). Read more

In Cantwell-Cleary Co., Inc. v. Cleary Packaging, LLC (In e Cleary Packaging, LLC),___ F.3d ___, 2022 WL 2032296 (4th Cir. June 7, 2022, No. 21-1981) (“Cleary”), reversing the Bankruptcy Court, the United States Fourth Circuit Court of Appeals (the “Fourth Circuit”) held that Bankruptcy Code (the “Code”) section 523(a)’s discharge exceptions as incorporated into Subchapter V by code section 1192(2) apply not to just individuals, but to entities as well. Read more

In a published opinion, the Seventh Circuit Court of Appeals (the Court) recently ruled that a tax sale purchaser which had not been formally served with notices of chapter 11 proceedings, including plan confirmation, but admitted in court that it was a “party” to the proceedings, was bound by the terms of the confirmed plan. Wheeler Financial, Inc., v. JPMorgan Chase Bank (In re Aguirre), 2022 WL 2166885 (7th Cir. June 16, 2022). Read more