In In re E. Mark Moon (BAP Nos. NC-22-1103-SGB, NC-22-1117-SGB (cross-appeals)), the United States Bankruptcy Appellate Panel of the Ninth Circuit addressed the questions of: when is a usurious forbearance not an usurious forbearance, and, when is denial of...
In JPV I L.P. v. Koetting, (No. A163491, 2023 Cal. App. LEXIS 89 (Ct. App. Feb. 7, 2023)) ("Koetting") the California Court of Appeals in the First District, Division Three determined that the trial court incorrectly interpreted and applied the required elements to...
In Harrington v. Mayer (In re Mayer), 2022 U.S. App. LEXIS 5970 (9th Cir. March 8, 2022), the United States Court of Appeals for the Ninth Circuit held that a district court's denial of a creditor's motion from relief from stay without prejudice was final and...
In Stewart Title Guar. Co. v. Park (In re Park), 2021 Bankr. LEXIS 3539 (Bankr. C.D.Cal. December 29, 2021), the United States Bankruptcy Court for the Central District of California, Los Angeles Division held that a chapter 7 debtor was precluded from contesting the...
Associate, Brandon Iskander, will serve as President of the Inland Empire Bankruptcy Forum for 2022. Congratulations!
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...
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...
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!
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 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,...