Shulman Bastian Friedman and Bui LLP Associate, Brandon Iskander, will serve as President of the Inland Empire Bankruptcy Forum for 2022. Congratulations!
Announcing the 2022 IEBF Board of Directors
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Irvine Business & Commercial Law Blog
Foreclosure of Mechanics’ Lien in Bankruptcy: Section 546(b) Notice Not Tolled by Section 108(c)
In In re 450 S. Western Ave., LLC, BAP No. CC-21-1116, the Ninth Circuit Bankruptcy Appellate Panel (the “Panel”) affirmed the Bankruptcy Court’s dismissal of a complaint to foreclose a mechanics’ lien with prejudice because the plaintiff failed to properly perfect...
Trustee Must At Least Disclose Intent to Avoid Transfer and Recover Property To Invoke Section 522(g) to Disallow Exemption
In In re Perez (Zamora v. Perez), BAP No. CC-20-1280, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) upheld the Bankruptcy Court’s overruling of the Chapter 7 Trustee’s objection to the Debtor’s homestead exemption under Section 522(g) of the Bankruptcy Code...
Retention of Property by a Non-Debtor Is Not A Violation of the Automatic Stay
In City of Chicago, Illinois v. Fulton et al., Case No. 19-357 (January 14, 2021), the Supreme Court held that 11 U.S.C. § 362(a)(3) does not require a non-debtor return property in the non-debtor’s possession to the debtor. The automatic stay, which is codified in 11...
In Order for the Community Property Presumption to Apply, Courts Must Know When the Property Was First Acquired
In Brace v. Speier (In re Brace), Case No. 17-60032 (November 9, 2020), the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the Bankruptcy Appellate Panel’s (“BAP”) and the bankruptcy court's determination that California’s community property...
No Rounding of Meal and Rest Periods Per the California Supreme Court
On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC, S253677 decided two questions of law relating to meal periods: first, “that employers cannot engage in the practice of rounding time punches – that is, adjusting the hours that an...
Beware Employers – Dynamex (ABC Test) Applies Retroactively
After nearly two years of uncertainty as to whether the independent contractor test (“ABC test”) of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) would be applied retroactively, on January 14, 2021, the California Supreme Court in Vasquez v....
Melissa Davis Lowe Named Director to Federal Bar Association
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!
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...
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...
