In re Brace was decided this morning by the California Supreme Court and it is favorable to bankruptcy trustees and creditors.The case concerns whether the community property presumption provided for by Cal. Fam. Code § 760 trumps the form of title presumption...
Everyone is familiar with the traditional work schedule: 8:00 a.m. to 5:00 p.m. and five days per week. However, many people may not be aware that California offers another option: the alternative work schedule ("AWS"). AWS allows employees to shorten the days per...
In Merriman v. Fattorini (In re Merriman), BAP No. CC-19-1245-LTaF (July 13, 2020), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held the United States Supreme Court's recent decision in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921,...
Routine governance for your limited liability company ("LLC") or corporation is one step toward avoiding personal liability for its obligations.The good news is routine governance for your LLC or corporation (collectively "Company") is not overly complicated. It is a...
In Bartenwerfer v. Buckley (In re Bartenwerfer), BAP No. NC-19-1178-TaFB (April 23, 2020), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that the bankruptcy court correctly determined that all of the appellee's state court attorney's fees were...
In In re John G. Moser, BAP No. NC-19-1094-FBTa (April 15, 2020), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that the "return to the fray" doctrine requires bankruptcy courts to advise creditors on the scope of discharge injunctions. The "return to the...
In Anthony v. Li, 2020 Cal. App. LEXIS 302 (April 13, 2020, the California Court of Appeal held that under Cal. Code of Civ. Pro. ("CCP") § 998, an offer of compromise ("offer") to multiple defendants must be apportioned and not conditioned on acceptance by all...
In In re Zuckerman (Zuckerman v. Crigler), Case No. CC-19-1200-TaFS, published on April 10, 2020, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") upheld the Bankruptcy Court's summary judgment for non-dischargeability under Section 523(a)(2) based on an...
In In re Brown (Brown v. Barclay), No. 18-60029 (March 23, 2020), the Ninth Circuit Court of Appeals held that property transferred in bad faith by the Debtor during the pendency of a Chapter 13 case was property of the estate upon conversion of the case to Chapter 7....
In Sturm v. Moyer, 32 Cal. App. 5th 299 (February 15, 2019), the California Court of Appeal ("COA") addressed a question of first impression and held that, assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent...
