Case Updates

In re Clinkingbeard, 2020 WL 1517932 (Bankr. D. Kan. Mar. 30, 2020) navigates the crossroad between Article 9 of the Uniform Commercial Code and a state law governing the perfection of a security interest in a motor vehicle. Read more

Doctor network agreement may require arbitration review of an administrative dispute resolution panel’s decision. Read more

Penalty Portion of Tax Lien Avoided for Benefit of Unsecured Creditors and not Junior Lienholders Read more

The Centers for Medicare and Medicaid Services (CMS) may make a “national coverage determination” (NCD) regarding whether Medicare will pay for “durable medical equipment.” Either the manufacturer or a Medicare beneficiary may seek an NCD determination. Read more

Statute of limitations is tolled by discharge injunction under California law. Read more

In Sunshine Grp., LLC v. City of Dana Point (In re Sunshine Grp., LLC), 2020 Bankr. LEXIS 1000 (9th Cir. BAP Apr. 10, 2020), the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held the bankruptcy court did not err in dismissing a chapter 11 case as a bad faith filing designed to thwart a pending receivership involving the debtor’s sole asset, a motel in Dana Point with no ongoing business and nuisance conditions. Read more

This note discusses Merriman v. Fattorini (In re Merriman), 616 B.R. 381 (BAP 9th Cir. July 13, 2020) and the effect of the Supreme Court decision in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, 140 S. Ct. 696 (2020) (per curiam) on the bankruptcy court's power to annul the automatic stay. Read more

Debtors Beware: Creditor’s Attorneys’ Fees for Prosecuting Section 523 Action May Also Be Non-Dischargeable, Regardless of the Amount Read more

Ruling in a patent case from the Northern District of California, the Federal Circuit affirmed the district court's denial of a motion to seal documents and a subsequent motion for reconsideration based on movant's failure to narrowly tailor the request to seal and a lack of a compelling reason for the court to do so. Read more

Court-appointed receiver for entities that operated a Ponzi scheme did not adequately allege fraudulent transfer claims where the complaint did not allege the transfer of funds to third parties. Read more