Business Law

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

In Bear Creek Trail, LLC v. BOKF, N.A. (In re Bear Creek Trail, LLC), 35 F.4th 1277 (10th Cir. 2022), the U.S. Court of Appeals for the Tenth Circuit (the “Court”) held that a debtor’s former management lacks authority to file an appeal, on behalf of the debtor, of an order converting the debtor’s case from chapter 11 to chapter 7. Read more

In NetJets Sales, Inc. v. RS Air, LLC (In re RS Air, LLC),, 2022 WL 1284012 (9th Cir. BAP 2022,) (“NetJets”), in an unpublished decision, the United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) reversed the Bankruptcy Court’s ruling that the appellant’s motion for creditor standing to bring a claim on behalf of the estate failed to state a claim because the action was unlikely to succeed since the Bankruptcy Court applied the incorrect standard for resolution of the motion. Read more

In a recent published opinion, the Second Circuit Court of Appeals (the Court) held that a debtor who successfully defends an appeal of an order finding a creditor in contempt for violation of the discharge injunction is entitled to an award of appellate attorney’s fees as part of the sanctions which are available for such a finding. Read more

In a recent published opinion, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) clarifies how bankruptcy courts may set the commitment period for payments of disposable income, or its value, under subchapter V of the Bankruptcy Code.  Read more

This federal district court opinion provides guidance on the enforceability of arbitration provisions that appear as part of the terms and conditions of a retail website. Read more

In a recently published opinion, the Ninth Circuit Court of Appeals (the Court) reversed a district court’s summary judgment in favor of CitiMortgage, Inc. Read more

Debtors Ascena Retail Group, Inc. (“Ascena”) and its 63 affiliates (collectively, “Debtors”) proposed a chapter 11 plan (“Plan”) that contained third-party releases and an exculpation clause. Read more

Presented by the Los Angeles Federal Bar Association. 4 Hours MCLE. Discount available for CLA Business Law Section members! Read more

A bankruptcy court in the Eastern District of Michigan (the Court) ruled that a state court judgment for foreclosure of tax claims and the subsequent sale of the debtor’s residence were not fraudulent transfers under Bankruptcy Code § 548. Read more