Case Updates

Read the March 2021 e-briefs here. 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

The United States District Court for the Southern District of California ruled that 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 the Uniform Commercial Code Article 4A, codified in California at Cal. Comm. Read more

The Nevada Supreme Court determined, based on a Nevada statute, that directors and officers of a corporation are not liable for acts or failures to act unless there is a breach of fiduciary duty involving intentional misconduct, fraud or a knowing violation of law. The Nevada Supreme Court did not address exclusions listed in the Nevada statute based on articles of incorporation or corporate governance documents providing for the liability involving other acts. Read more

In Hamilton v. Elite of Los Angeles, Inc. (In re Hamilton), 803 F. App’x 123 (9th Cir. 2020) (2-1 unpublished decision), the United States Court of Appeals for the Ninth Circuit ruled that the bankruptcy court erred in confirming a chapter 11 plan where the debtor was paying only a small portion of a large non-dischargeable debt and yet enjoining the creditor from attempting to collect the rest of the debt from "property committed to the Plan" for five years. Read more

“Virtual Presence” by Real-Time Livestreaming Satisfies the Contemporaneous Presence Requirement for a Bystander NIED Claim Read more

Cause Does Not Exist for the Court to Reconsider Disallowance of a Claim under Fed. R. Civ. P. 60(B)(6) Where the Court Found Movant Lacked a Cogent Excuse for Failing to Respond to the Objection in the First Place. Read more