In The Lovering Tubbs Trust, et al. v. Hoffman (In re O’Gorman), No. 23-60005 (9th Cir. Sept. 9, 2024), the Ninth Circuit affirmed the Bankruptcy Appellate Panel’s decision that a trustee can avoid a fraudulent transfer under 11 U.S.C. § 548(a)(1) even if creditors...
In re Michael A. Leite (United States of America v. Mackenzie), No. 23-15825 (9th Cir. Sept. 3, 2024), the Ninth Circuit addressed the proper allocation of sale proceeds in a Chapter 7 bankruptcy when the IRS holds a tax lien that includes both unpaid taxes and...
In Rey v. Urquijo (In re Rey), BAP No. CC-23-1120-SGC (March 29, 2024), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirmed the bankruptcy court’s decision and held that two separate residential structures on a single plot of land, one...
In Issa v. Royal Metal Industries, Inc (In re X-treme Bullets, Inc.), Case No. 22-16143 (February 28, 2024), the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) reaffirmed the long-standing principle that a creditors’ committee can obtain derivative standing...
In Law Finance Group, LLC v. Key, --- P.3d ---, 2023 WL 4168752 (2023), the Supreme Court reversed and remanded the lower courts' decisions, and instead held that the deadline under § 1288.2 for seeking vacatur of an arbitral award is a non-jurisdictional statute of...
In In re Clifton Capital Group, LLC v. Sharp (In re Matter of: East Coast Foods, Inc.), No. 21-55967 (9th Cir. May 8, 2023), the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") upheld the Bankruptcy Court’s determination that a creditor...
In Sphere Acquisition LLC v. Bella Hospitality Group, LLC et al. (In re Bella Hospitality Group, LLC), BAP No. NV-22-1144-BGC (March 22, 2023), the United States Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") held that the bankruptcy court erred in...
In In re Simon Vernon Rodriguez and Marilyn Kay Schipull ("Rodriguez/Schipull"), BAP No. NV-22-1174-CBG, the United States Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") found that, because the Nevada state court determined a debtor had violated Nevada...
In Babaee v. Marshack (In re Babaee), No. 22-60022, the Ninth Circuit affirmed the decision of the Bankruptcy Appellate Panel ("BAP"), holding that the Debtors do not have constitutional or prudential standing to challenge the short sale of their property. A short...
In G Companies Management LLC v. LREP Arizona LLC, (No. G060992, 2023 WL 2011816 (Cal. Ct. App. Feb. 15, 2023)) ("G Companies") the Court of Appeals, Fourth District, Division 3, answered the question: Does California's usury limitations constitute a "strong public...