Case Updates

In re Cabral, 2020 WL 6556998 (November 5, 2020), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirmed the bankruptcy court's decision denying Debtors’ motion to dismiss their Chapter 7 case for cause under Section 707(a). Read more

Wilson-Davis v. SSP America, Inc. (CA2/3 B306781, filed 3/11/21, pub. ord. 4/9/21) Arbitration Motion to compel arbitration of statutory wage and hour claims properly denied where the collective bargaining agreement provided for arbitration of claims arising under the agreement but did not waive employees’ right to a judicial forum for statutory claims. Read more

Ninth Circuit affirms BAP’s decision upholding Chapter 7 Trustee’s sale of Debtor’s defensive appellate rights. Read more

Ninth Circuit certifies to the New York Court of Appeals questions about whether a defense of usury applies to litigation financing agreement. Read more

Corporate entity dissolved pre-petition by forfeiture under Texas law is not eligible to be a debtor in a chapter 11, subchapter V bankruptcy case. Read more

Bank's real and personal property collateral did not include equipment debtor acquired postpetition that was not proceeds or products of lender's prepetition collateral.   Read more

Trial court denied summary judgment to Amazon as defendant in a products liability action arising from a fire caused by thermostat bought from a third party through Amazon's online marketplace. Read more

By application of Tennessee law, court holds the debtor (not the debtor's estate) owned a legal malpractice claim when the malpractice occurs as a result of the filing of the bankruptcy petition. Read more

Court affirmed bankruptcy court order finding a TPO and attachment lien issued without an undertaking are voidable but not void. Read more

Exculpation provisions in debtor's proposed plan of reorganization were permissible under 11 U.S.C. section 1123(b)(6) because they were carefully and narrowly tailored to achieving confirmation of the plan. Read more