Business Law

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Sabadash, No. 2:23-BK-15574-NB, 2024 WL 694154, at *1 (Bankr. C.D. Cal. Feb. 20, 2024), adhered to in part on reconsideration sub nom. In re: Aleksandr Vitalievich Sabadash, Debtor., No. 2:23-BK-15574-NB, 2024 WL 2160823 (Bankr. C.D. Cal. May 14, 2024), a recent case of interest: Read more

ERISA preempts out-of-network provider’s state-law reimbursement claims against health plan administrator Read more

When presented with a valid arbitration agreement, district courts are permitted only to stay a case pending arbitration—they cannot simply dismiss the case and compel arbitration. Read more

In a move to raise transparency regarding California business ownership, the California Senate passed SB 1201 on May 16, 2024. This bill, if enacted into law, would impose on all domestic and foreign limited liability companies and corporations the obligation to provide certain information about the beneficial owners of those entities.  Read more

The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent U.S. Bankruptcy Court decision in In re U.S.A. Dawgs, Inc., 657 B.R. 98 (B.A.P. 9th Cir. 2024). Read more

The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent U.S. Bankruptcy Court decision in In re HVI Cat Canyon, Inc., 658 B.R. 558 (Bankr. C.D. Cal. 2024). To view the published opinion, click here. Read more

n In re Drummond, the United States Bankruptcy Court for the District of Arizona certified to the Arizona Supreme Court the question of whether a motor home qualifies as a mobile home for the homestead exemption under Arizona law. The Arizona Supreme Court answered that a motor home does not qualify as an exempt “mobile home.” Read more

 Awareness Over Knowledge: Equip yourself to converse effectively with your clients about the intricacies of cyber risk. While deep technical knowledge might not be required to have a meaningful discussion with a client, having a heightened sense of awareness of the issues is indispensable. Read more

In In re Lee and Chen, 2023 WL 7489928 (BAP 11/13/23), the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") held that § 1322(c)(2) is an exception to § 1322(b)(2), and that the Chapter 13 debtors were able to bifurcate and cramdown a secured debt on their residence that matures during the plan. Read more

In In re Evans, 69 F.4th 1101 (9th Cir. 2023), the Ninth Circuit Court of Appeals has joined the Tenth Circuit decision in In re Doll, 57 F.4th 1129 (10th Cir. 2023) on an issue that other circuits have also recently addressed, holding that a standing trustee in a Chapter 13 case may not be paid her percentage fee when the case is dismissed prior to confirmation. Read more