Business Law

In a recent published opinion, the Ninth Circuit Court of Appeals (the Court) affirmed the bankruptcy court’s order converting a chapter 11 case to chapter 7 and further ruled that even though property of the estate had revested in the debtor upon plan confirmation, the debtor was required to turn over the rent and sale proceeds from her rental properties to the chapter 7 trustee because an explicit plan provision required the distribution of future proceeds from those assets to the creditors. Read more

In a recent unpublished but instructive opinion from the Third Circuit Court of Appeals (“the Court”), the Court explained why the issuance of Internal Revenue Service (“IRS”) Form 1099-C does not mean a debt has been cancelled or forgiven and further collection efforts regarding the unpaid debt are not a violation of consumer protection laws. Read more

The following regulatory information may be of interest to attorneys practicing insurance law.  This information is current as of October 19, 2022. 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 September 2022 update to Privacy Compliance and Litigation 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 information security and security breaches, financial and health information privacy, identity theft, internet and electronic privacy, and the California Consumer Privacy Act.   Read more

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Over a strident dissent, in a case of first impression for the circuit, the Eleventh Circuit Court of Appeals (the Court) recently held that a series of monthly mortgage statements sent by a loan servicer to comply with the requirements of the Truth in Lending Act (TILA) were potentially communications in connection with the collection of a debt under the Federal Debt Collection Practice Act (FDCPA), reversing the district court’s dismissal with prejudice of a complaint alleging FDCPA violations. Daniels v Select Portfolio Servicing, Inc., 2022 WL 1639012 (11th Cir. May 24, 2022). Read more

The Bankruptcy Appellate Panel for the Tenth Circuit (the BAP) rejected the bankruptcy court’s acceptance of the earmarking doctrine as a defense to a preference and fraudulent transfer action brought by a chapter 7 trustee against insiders of the corporate debtor. Read more

The District Court for the District of Utah (the Court) recently ruled that that automatic stay imposed by Bankruptcy Code § 362 did not bar a federal district court contempt proceeding from going forward after the contemnor filed a chapter 7 bankruptcy. Pizzella v Paragon Contractors Corp., 2022 WL 1224975 (D. Utah, April 26, 2022). Read more

Predatory consumer lender, CashCall, Inc., tried to avoid state usury laws by making loans through an LLC created by an Indian tribe. Read more

This panel, led by three veterans in the DE&I space, will focus on why DE&I is important in American business and how best to make it an integral part of a firm's culture, vision, and decision-making processes. Read more