August, 2014 | Shulman Bastian Friedman & Bui LLP

The Ninth Circuit’s Bankruptcy Appellate Panel Holds That a Non-Debtor Spouse May Purchase a Debtor’s Claims Under Section 363(i) When a Third Party’s Prior Purchase of the Same Claims Was Not Consummated (e.g. Payment Was Not Tendered)

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 28, 2014 |

The Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") recently issued the opinion, Kallman & Co. LLP Gottlieb (In re Lewis), BAP No. CC-13-1367-TaDKi (9th Cir. BAP Aug. 20, 2014), which held that a non-debtor spouse may purchase a debtor's claims under...

Court: Not all foreign whistleblowers protected under Dodd-Frank

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 28, 2014 | Business Litigation

Signed into law in 2010, the Dodd-Frank Act provides protections to employees who blow the whistle on potential regulatory violations in the financial services industry. Provisions in the law protect whistleblowers from retaliation by their employers. However, a...

Gov. Brown signs law requiring disclosure from real estate brokers

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 22, 2014 | Sales & Dissolutions

Whether you're purchasing, selling or leasing a property, commercial real estate transactions must be carefully planned, executed and documented in a contract that minimizes risk and protects your interests. The value of the property and any potential liabilities have...

Chapter 11 or Chapter 7: Which is right for your business?

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 16, 2014 | Chapter 11

Risk is a part of business. You can take action to minimize risk, but there may still be unforeseen events that result in losses. The Bankruptcy Code takes into account risk and offers protections for debtors and creditors. At , we help...

Former employees claim SpaceX failed to notify about layoff

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 14, 2014 | Business Litigation

In California, if you have 75 or more employees on the payroll and you plan to lay off 50 or more, then you are required to give written notice to the employees at least 60 days before the layoff takes effect. Under the state's Worker Adjustment and Retraining...

Carve-out agreement will only be allowed if Chapter 7 trustee rebuts presumption of impropriety

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 13, 2014 | Business Litigation

The Ninth Circuit U.S. Bankruptcy Appellate Panel in In re KVN Corp., Inc., 13-1318, decided July 29, 2014, remanded a bankruptcy case from the Northern District of California to determine if a carve-out agreement reached between a Chapter 7 trustee and a bank...

BAP holds that post-petition earnings earned during Chapter 11 revert to debtors upon conversion to Chapter 7

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 12, 2014 | Bankruptcy Appellate Panel

The U.S. Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") recently held in Wu v. Markosian (In re Markosian), BAP No. NC-13-1339-JuKiD (9th Cir. BAP March 12, 2014), that a bonus earned by the debtor by his employer for services performed while the case was...

Arizona Court of Appeals Finds Alleged Security Interest in Lottery Winnings Did Not Attach Due to Lack of “Value”

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 12, 2014 |

In Woodbridge Structured Funding, LLC v. Arizona Lottery, 326 P.3d 292 (Ariz. App. 2014), the Arizona Court of Appeals held that the first company's alleged security interest in lottery winnings did not attach because the first company never gave "value" to the winner...

The Ninth Circuit’s Bankruptcy Appellate Panel Holds That a Creditor Does Not Violate Automatic Stay By Maintaining Contempt Proceeding Against the Debtor

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 11, 2014 | Bankruptcy Appellate Panel

The Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") recently issued the opinion, Yellow Express LLC v. Dingley (In re Dingley), BAP No. NV-13-1261-KiJuTa (9th Cir. BAP Aug. 6, 2014), which held that a creditor does not violate the automatic stay by maintaining...

Righting wrongs through a professional negligence claim

On behalf of Shulman Bastian Friedman & Bui LLP | Aug 9, 2014 | Business Litigation

A successful business is operated and grown by good, smart work. The effective coordination of skills and experience across jobs can have extremely positive outcomes, and employees and licensed professionals have to be carefully chosen to protect your interests,...