Business Law

Court rejected defendant's affirmative defenses in fraudulent conveyance suit brought by Chapter 7 trustee of Ponzi scheme debtors, finding that defendant, as a successful businessman, was at least on inquiry notice to conduct a diligent inquiry that would have disclosed the scheme. Read more

Common law claims involving wire transfers, including claims for negligence, conversion, and money had and received, are displaced by duties, allocation of risk, and remedies available under UCC Article 4A. Read more

California Litigation Privilege Does Not Protect Against a Fraudulent Conveyance Claim Arising Out of a Sham Dissolution Proceeding and Stipulated Judgment. Read more

State Claims for Damages Based Upon Documents Filed and Prosecuted in a Bankruptcy Case Are Preempted by the Bankruptcy Code and Rules. Read more

It has become increasingly popular for California real property owners to take title to properties in the name of a California or California registered limited liability company. Read more

Lender’s Lien Is Subordinated to Receivership Certificate and Receiver’s Sale of the Property Is Confirmed Free and Clear of Lender’s Lien. Read more

First Trust Deed Holder That Judicially Foreclosed on Its Collateral, but Did Not Name Junior Lienholder in Its Judicial Foreclosure Action, Was Time Barred From Extinguishing Junior Lien in Subsequent Action. Read more

In two decisions issued a day apart, the Seventh Circuit analyzed the injury in fact requirement for plaintiffs to have standing to sue debt collectors for violations of the FDCPA. Read more

A purchase money security interest in windows, siding, and gutters in Chapter 13 debtor's home was subject to lien-stripping because it was junior to the first mortgage loan. Read more

In Trenk v. Soheili, 2020 WL 7487825 (12/21/2020), the California Court of Appeal held that a deed of trust securing an underlying debt on which the statute of limitations had run more than ten years earlier could still be non-judicially foreclosed. Read more