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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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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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Cocktail Party Mixer

[ March 27, 2015; 6:00 pm to 9:00 pm. ] It’s the first BNI Embarcadero Social of 2015!

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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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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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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 (1993).  […]

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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 the Chapter […]

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Insurer Cannot Attach Social Security Benefits or Proceeds to Enforce Disability Overpayment Agreement Under ERISA

In Bilyeu v. Morgan Stanley, 683 F.3d 1083 (9th Cir. 2012), the United States Court of Appeals for the Ninth Circuit rules that an insurer cannot impose a lien upon the proceeds of Social Security benefits in the possession of the insured in order to recover overpayment of long-term disability benefits.  Read more here.

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Follow Macdonald Fernandez LLP on Twitter!

Follow us on Twitter at @calbkattorneys or by clicking here:  https://twitter.com/CalBKAttorneys

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Chapter 15 Foreign Debtor Must Have Domicile, Place of Business or Property in U.S.

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.

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Cramming Down Secured Debt and the Section 1111(b) Counter-Measure

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.  […]

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Supreme Court Rules Debtor’s Homestead Exemption Cannot Be Surcharged

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.

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Professional Headshot

Get More Profile Views on LinkedIn – Rotate That Profile Pic

Social Selling Expert Kurt Shaver knows that rotating your headshot frequently on LinkedIn keeps you in front of connections.
Once you have a good headshot, you can rotate your profile pic on LinkedIn to increase engagement with your connections. Every time you change your profile photo it shows up in the feed on LinkedIn. People engage […]

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Military, Veterans and Other Overlooked Bankruptcy Exemptions

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.

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Hidden Liens, Tax Lien Traps and Things You Never Knew About the UCC

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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Cities in Distress: Is Chapter 9 the Best Vehicle for Saving Cities and Providing Needed Governmental Services?

[ January 29, 2015; 5:00 pm to 7:00 pm. ] On January 29, 2015, the Bay Area Bankruptcy Forum will present a program on chapter 9 municipal bankruptcies at the City Club of San Francisco.  Reno Fernandez serves on the board of directors of the Bay Area Bankruptcy Forum.  RSVP here.

Moderated by:

The Honorable Hannah L. Blumenstiel, United States Bankruptcy Judge (N.D. Cal.)

Panelists include:

Professor Michelle Wilde […]

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