One of the Firm’s partners, Melissa Davis Lowe, was recently inducted as a Director to the Board of Directors for the Federal Bar Association – Orange County Chapter. Congratulations!
Irvine Business & Commercial Law Blog
The Firm Holds YogaWorks Auction to Nearly Double the Stalking Horse Price
At a Bankruptcy Code section 363 auction that lasted over 13 hours, the Firm’s Alan Friedman and Melissa Lowe, as counsel to debtors YogaWorks, Inc. and Yoga Works, Inc. (the “Debtors”), obtained a final sale price for the Debtors’ assets of nearly double the stalking...
In re Brace
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...
The General Rules for Implementing the Alternative Work Schedule Within A Company
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...
Bankruptcy Courts Still Have Power to Retroactively Annul Stay, Regardless of Recent Supreme Court Ruling in Acevedo
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,...
Avoid Personal Liability for Your LLC’s or Corporation’s Obligations – Practice Good Maintenance
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...
Attorneys’ Fees Are Non-Dischargeable If They Are Traceable to Fraud
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...
Bankruptcy Courts Must Advise Creditors on the Scope of Discharge Injunctions
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...
Structuring Offers of Compromise for Multiple Defendants: The Offer Cannot be Conditioned on Acceptance by All Defendants
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...
Summary Judgment Granted For Non-Dischargeability Based on State Court Judgment
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...