September, 2016 | Shulman Bastian Friedman & Bui LLP

Only Generalized Alter Ego Claims Are Property of the Bankruptcy Estate

Our trustee clients as well as our creditor clients should keep in mind that alter ego claims are only property of the bankruptcy estate if there is a generalized injury to the debtor corporation and all of its creditors. See, In re Advanced Packaging & Prods....

Bankruptcy Court Must Consider Debtor’s Intent with Respect to Future Residency in Homestead When Ruling on Exemption

In re Diaz, 547 B.R. 329 (9th Cir. BAP 2016), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that the bankruptcy court incorrectly interpreted California law related to the homestead exemption. In particular, the BAP said the bankruptcy court failed to...