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Marketing Power Team Produces Stunning Eight-Page Brochure in One Week

Five members of the BNI Embarcadero Marketing Makeover Power Team recently collaborated on a beautiful eight-page sales brochure for a local sign company. We thought you’d like to read the backstory about how it happened so quickly, efficiently and stunningly… The Signmaker “Martin Sign Company was invited to donate our signs to the San Francisco […]

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Judgment Awarding Value of Withdrawing Member’s Interest in an LLC Subordinated

In O’Donnell v. Tristar Esperanza Properties, LLC, BAP No. CC-12-1340-KIPaDu (9th Cir. BAP Mar. 8, 2013), the Ninth Circuit Bankruptcy Appellate Panel held that a judgment awarding the value of a withdrawing member’s interest in a limited liability company is vulnerable to mandatory subordination under Bankruptcy Code Section 510(b) as damages arising from the purchase or […]

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Modifying Liens in Bankruptcy

In Wells Fargo Bank, N.A. v. Texas Grand Prairie Hotel Realty, LLC, No. 11-11109 (5th Cir. Mar. 1, 2013), the United States  Court of Appeals for the Fifth Circuit ruled that the “Till” approach is not mandatory in determining the cramdown rate in a chapter 11 bankruptcy case.  Read more here.

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Improper Punctuation Prevents Perfection

In In re C. W. Mining Co., 2013 WL 888677 (D. Utah 2013), the district court of Utah held that a UCC-1 Financing Statement that omitted periods after initials in the debtor’s name was unperfected and could be avoided under Bankruptcy Code Section 544.  Read more here.

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Assignee of Sold Out Junior Could Not Sue Borrower Upon Fraud Claim Not Specifically Assigned

In Heritage Pacific Financial, LLC v. Monroy, 2013 Westlaw 1779278 (Cal.App.), the court held that the assignee of a sold out junior lienholder could not sue the borrower upon a fraud claim not specifically identified and assigned.  Read more here.

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Assets Excluded From Personal Guarantee Did Not Extend to Proceeds

In Series AGI West Linn of Appian Group Investors De LLC v. Eves, 13 C.D.O.S. 6177 (1 Dist. Cal. App. 2013), the court upheld a ruling that a personal guarantee that excludes a particular asset from the reach of the creditor does not also exclude the sale proceeds of that asset without specific terms to that […]

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Contractor’s Withdrawal Liability for Unpaid Pension Contributions Dischargeable in Bankruptcy

In Carpenters Pension Trust Fund for Northern California v. Moxley, 13 C.D.O.S. 9503, No. 11-16133 (9th Cir. August 20, 2013), the United States Court of Appeals for the Ninth Circuit ruled that a construction contractor’s withdrawal liability for unpaid pension fund contributions is dischargeable in bankruptcy.  Read more here.

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IRS Penalties for Late Filed Corporate Tax Returns are Not Administrative Expenses

The Ninth Circuit Bankruptcy Appellate Panel has ruled that penalties imposed by the Internal Revenue Service for untimely filing corporate tax returns were not administrative expenses in bankruptcy.  Read more here.

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Winding Up and Dissolving a Nonprofit Corporation

This article discusses the basic steps to wind up and dissolve a nonprofit public benefit corporation under California law.  Although this background is helpful, it is not a substitute for retaining competent counsel to assist with the analysis of alternatives and the preparation of the required resolutions, minutes, forms, notices and letters.  This article does […]

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Bank of America Fined $10,000 Per Month for Violations of Discharge Injunction

Bank of America was fined $10,000 per month for violations of the discharge injunction in bankruptcy.  Read about it here.

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Follow us on Facebook!

Follow Macdonald Fernandez LLP on Facebook at https://www.facebook.com/macdonaldfernandez.

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The Current Chapter 15 Landscape and International Insolvency

Four recent cases shape the current landscape of international insolvency practice under Chapter 15 of the Bankruptcy Code.  Read about them here.

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Reno Fernandez Recognized by Bar Association of San Francisco for National Volunteer Week

On April 13, 2015, the Bar Association of San Francisco recognized Reno Fernandez in honor of National Volunteer Week for his work as chair of the Commercial Law and Bankruptcy Section, an arm of the bar association dedicated to continuing legal education of the bankruptcy bar. Read more here.

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Woman in before after headshots.

Find Out if Your Headshot Measures Up

Your headshot is your signature. It is important that it sends the message you want on your website and on social media. Here are five key criteria to consider. Professionalism – You should use a professional headshot when you post your profile pic on LinkedIn, your website or any other online business setting. Crop – The crop for […]

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Under Washington Law, Marriage Establishes No Express or Technical Trust With Respect to the Exception from Discharge Provided in Bankruptcy Code Section 523(a)(4)

In In re Mele, 13 C.D.O.S. 12737, No. WW-13-1173-DTaKu (November 25, 2013), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit held that a property allocation judgment arising from marital dissolution proceedings in Washington is dischargeable in a chapter 13 case notwithstanding Bankruptcy Code Section 523(a)(4), which excepts from […]

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California Law Bars Nondischargeability Action by Sold Out Junior on Purchase Money Residential Loan Under $150,000 Notwithstanding Fraud

In Heritage Pacific Financial, LLC v. Montano (In re Montano), 13 C.D.O.S. 12820, NC-12-1579-PaDJu (9th Cir. BAP November 27, 2013), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit ruled that California’s statutory one-action rule and anti-deficiency judgment scheme barred an action under Bankruptcy Code Section 523(a)(2)(B) brought by […]

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Foreclosure After Abandonment but Before Closure of Bankruptcy Case Violated Automatic Stay

In In re Gasprom, 500 B.R. 598 (9thCir. BAP 2013), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit held that a lienholder violated the automatic stay in bankruptcy by foreclosing on assets abandoned by the trustee before the corporate debtor’s chapter 7 case was closed.  Read more here.

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Order for Relief From the Automatic Stay in Husband’s Bankruptcy Case Enforced in Wife’s Subsequent Case

In Alakozai v. Citizens Equity First Credit Union (In re Alakozai), 2013 Bankr. LEXIS 4380, NC-12-1470-PaDJu (9th Cir. BAP Oct. 2, 2013), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit affirmed a bankruptcy court order granting relief from the automatic stay to proceed with an unlawful detainer action against the debtor notwithstanding […]

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Business Bankruptcy Basics

If you are interested in learning about business bankruptcy and also earning CLE credit, check out this video, available here.  The video gives you CLE credit valid in ten states, including California.  I believe the provider, namely LexVid, gives you one video for free.  Enjoy!

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Follow Reno Fernandez on LinkedIn!

Follow Reno Fernandez on LinkedIn here:  https://www.linkedin.com/in/renofernandez/

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BNI Marketing Power Team: Zeimer.com Gets an Upgrade

As a San Francisco freelance copywriter, I’ve worked with Bradley Charbonneau (Likoma.com), Lauren Deane Evans (GoodLookingIdeas.com) and Pam Card (SurefireOnlineMarketing.com) for many years now. In fact, they’re the only team I would consider to handle the update of my own website.

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Partnership That Never Existed Cannot Create Nondischargeable Debt

In Utnehmer v. Crull (In re Utnehmer), 2013 Bankr. LEXIS 4482, NC-12-1362-PaDJu (9th Cir. BAP Oct. 10, 2013), the Bankruptcy Appellate Panel of the United States Court of Appeals for the Ninth Circuit ruled that Bankruptcy Code Section 523(a)(4) did not apply to render a debt nondischargeable in relation to a partnership that was never […]

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Judgment Liens in California

Quick note on judgment liens in California: In California, a judgment lien against real property generally remains in effect until 10 years from the date of entry of the judgment, unless the judgment is earlier satisfied or the lien is released. Cal. Civ. Code § 697.310(b); FDIC v. Charlton, 17 Cal. App. 4th 1066, 1069 […]

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Reno Fernandez Featured in BASF Bulletin

Reno Fernandez was featured in the January issue of the Bulletin, the monthly newspaper of the Bar Association of San Francisco.  You can view the article here.

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Chapter 11 Bankruptcy in a Nutshell

Reno Fernandez spoke on this panel for the 2014 California State Bar Annual Meeting entitled “Chapter 11 in a Nutshell.”  The video is now available here. Viewers earn one hour of MCLE credit as well as one hour of Legal Specialization in Bankruptcy Law credit. This program will take the mystery and confusion out of […]

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