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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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.
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.
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.
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.
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.
Bank of America was fined $10,000 per month for violations of the discharge injunction in bankruptcy. Read about it here.
Follow Macdonald Fernandez LLP on Facebook at https://www.facebook.com/macdonaldfernandez.
Four recent cases shape the current landscape of international insolvency practice under Chapter 15 of the Bankruptcy Code. Read about them here.
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.
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 […]
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 […]
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.
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!
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 […]
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 […]
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.
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 […]
Watch the brief customer video testimonial of Barnum Building & Designs (B2D) recently completed a bathroom remodel in San Francisco, CA. Their customer selected B2D because of their reputation of building things properly to code. While Bumpercrop Productions was documenting the finished bathroom remodel, we asked for the customer’s thoughts on the finished product.
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In international bankruptcies under Chapter 15 of the Bankruptcy Code, the United States Court of Appeals for the Second Circuit ruled that a foreign debtor company must have a domicile, a place of business or property within the United States. Read more here.
On Tuesday, February 10, 2015, the Commercial Law & Bankruptcy Section of the Bar Association of San Francisco will present a lunch program entitled “Cramming Down Secured Debt and the Section 1111(b) Counter-Measure,” explaining the most significant moves a debtor can make to modify mortgages and other liens and the countermoves the credit might take. […]
In Law v. Siegel (In re Law), No. 12-5196, 571 U.S. ___ (March 4, 2014), the Supreme Court ruled that a bankruptcy court may not surcharge a debtor’s homestead exemption as a result of the debtor’s misconduct. Read more here.
Did you know that a military soldier’s deposits to savings accounts while on permanent duty abroad are fully exempt in bankruptcy? Read about this and other often overlooked bankruptcy exemptions for military personnel, veterans and others here.
Reno Fernandez hosted a continuing legal education program for the State Bar of California’s Business Law Section covering certain special liens and bankruptcy, including inchoate liens, tax liens and the scope of judgment liens under the Uniform Commercial Code. View the program here.
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