California Lawyers Association

Case Updates

All case updates written and distributed by the CLA sections

Foreclosure trustee's postpetition issuance and recordation of a deed within fifteen (15) days of trustee's foreclosure sale of the debtor's residence did not violate the automatic stay because of the combined relation-back provisions of the Bankruptcy Code and California law. Read more
Medical group’s proprietary “Relative Value Unit” assessment of physician performance and productivity may be protected as a trade secret. Read more
Inferences based on hospital staff’s custom and practice are insufficient to prove that a patient authorized relatives to execute arbitration agreements on his behalf. Read more
Cross-collateral provision in debtor's second and third loan agreements with credit union was sufficient to render a vehicle collateral for such loans where vehicle was purchased by debtor with a first loan from same credit union. Read more
Under California law, claims for actual intent fraudulent transfers do not require a plaintiff to prove harm or actual damages. Read more
Court remands preference case to trial court to explain why it adjudged 47 days as an ordinary course payment. Read more
Louisiana Rules of Professional Conduct require law firm to advise client of right to seek independent advice where firm's contingency fee agreement gives firm an equity interest in client. Read more
Summary: The term “stock” includes all classes of stock for purposes of determining whether a transfer of ownership has occurred. Read more
Real property rents collected by Chapter 7 trustee, declined by secured creditors and turned over to the court registry as unclaimed funds, remain property of the bankruptcy estate. Read more
Claim for Legal Malpractice Was Property of the Debtor Rather Than Property of the Bankruptcy Estate Read more

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