Bankruptcy Court Permits Undersecured Creditor to Include Post-Petition...
In In re: Castillo, the Bankruptcy Court for Central District of California held that “after making an 1111(b) election, an undersecured creditor may include in its 1111(b) secured claim post-petition...
View ArticleBankruptcy Appellate Panel Affirms Bankruptcy Court’s Finding that ‘Cause’...
In re: M.P. Construction Company, Inc., an unpublished decision by the United States Bankruptcy Appellate Panel (BAP) for the Ninth Circuit, the BAP affirmed the bankruptcy court’s ruling that ’cause’...
View ArticleUnited States Supreme Court Protects Innocent Trustees by Holding that...
In Bullock v. Bankchampaign, N.A., 569 U.S. ___ (2013), the United State Supreme Court held that the term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving...
View ArticleNew California Limited Liability Company (LLC) Regulations coming January 1,...
In January, 2014, California’s current limited liability company act, the Beverly-Killea Limited Liability Company Act (“Beverly-Killea”), will be replaced by the California Revised Uniform Limited...
View ArticleNew California Limited Liability Company (LLC) Regulations coming January 1,...
In January, 2014, California’s current limited liability company act, the Beverly-Killea Limited Liability Company Act (“Beverly-Killea”), will be replaced by the California Revised Uniform Limited...
View ArticleBAP Finding Affirms that a Spouse does Not need to be Directly Engaged in...
In In re: John Shart and Elke Gordon Shardt, an unpublished decision by the United States Bankruptcy Appellate Panel (BAP) for the Ninth Circuit, the BAP affirmed the bankruptcy court’s ruling that...
View ArticleChapter 13 Debtors Beware: Post Petition Inheritances in Chapter 13
In In re Dale, 505 B.R. 8 (B.A.P. 9th Cir. 2014), the BAP held that for purposes of determining what constitutes property of the bankruptcy estate in a Chapter 13 bankruptcy, §1306 of the Bankruptcy...
View ArticleConversion from Chapter 11 to Chapter 7: What to do with Post-Petition Earnings?
In a case of first impression, in In re Markosian, 506 B.R. 273 (9th Cir.BAP Cal) 2014 WL 956475, the 9th Circuit Bankruptcy Appellate Panel (BAP) held that an individual debtor’s postpetition Chapter...
View ArticleBankruptcy, Divorce and Marital Settlement Agreements (Mejia v. Reed)
In Mejia v. Reed, 31 Cal. 4th 657 (2003), the California Supreme Court held that: 1) transfers of real property under a Marital Settlement Agreement (“MSA”) may be fraudulent transfers under the...
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