Case Updates Archives - Page 40 of 66 - California Lawyers Association

In re Denby-Peterson (3rd Cir.)

January 6, 2020

Adding to the circuit split on the issue, the Third Circuit Court of Appeals adopted the minority view and ruled that a creditor’s passive retention of collateral it repossessed prepetition pending a bankruptcy court order is not a “willful violation” of the automatic stay. Read more

Ronnoco Coffee, LLC v. Westfeldt Brothers, Inc. (8th Cir.)

January 3, 2020

The following is a case update written by Hon. Meredith Jury (United States Bankruptcy Judge, C.D. Cal. Ret.), a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

In re LXEng LLC (Bankr. D. Ct.) – Bankruptcy court determined after trial that the bankruptcy trustee prevailed in an action to avoid and recover fraudulent transfers against a member and owner of the debtor

January 2, 2020

The bankruptcy court determined after trial that the bankruptcy trustee had met his burden on claims to avoid and recover actual intent and constructively fraudulent transfers under both the Bankruptcy Code and Connecticut fraudulent/voidable transfer statutes against a member and owner of the debtor. Coan v. Chen (in re LXEng LLC), 2019 WL 4146478 (Bankr. D. Ct. 2019). Read more

In re Ditech Holdings Corporation (Bankr. S.D. N.Y) – Section 363(o)’s limitation on free and clear sales applies only to sales under Section 363, but not those conducted pursuant to a plan.

December 30, 2019

The following is a case update written by Uzzi O. Raanan, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

Insolvency Law Committee E-Bulletin: In re Dolfi (Bankr. W.D. Pa.) – Avoidability, and priority, of judgment liens which attach to real property acquired by the judgment debtor after the judgment was entered.

December 27, 2019

The following is a case update written by Dean T. Kirby, Jr., a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

In re Cecchi Gori Pictures (Bankr. N.D. Cal.)

December 26, 2019

The following is a case update written by Monique D. Jewett-Brewster, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

Aaron Carlson Corporation v. Cohen (Minn.) – Creditor’s Veil-piercing Claim Not Barred by Prior Receivership.

December 23, 2019

The following is a case update written by Christopher V. Hawkins, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

Legislative Update

December 20, 2019

The following legislative information may be of interest to attorneys practicing insurance law. This information is current as of December 17, 2019. Read more

Gietzen v Covenant Re Management, Inc. (Cal.App.) – California Court of Appeal holds provision limiting liability in lease is no longer enforceable after the lease is subsequently assigned to foreclosing lender.

December 20, 2019

The following is a case update written by Monique D. Jewett-Brewster, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

In re Winick (Bankr. S.D. Cal.) – The Court gave effect to a release of the equipment lessor, in the face of the lessee’s claims of fraudulent inducement.

December 19, 2019

The following is a case update written by Dean T. Kirby, Jr., a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

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Case Updates

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