Announcing the 2022 IEBF Board of Directors
Associate, Brandon Iskander, will serve as President of the Inland Empire Bankruptcy Forum for 2022. Congratulations!
Firm News
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...
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...
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...
Bankruptcy Courts Still Have Power to Retroactively Annul Stay, Regardless of Recent Supreme Court Ruling in Acevedo
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,...
Avoid Personal Liability for Your LLC’s or Corporation’s Obligations – Practice Good Maintenance
Routine governance for your limited liability company ("LLC") or corporation is one step toward avoiding personal liability for its obligations. The good news is routine governance for your LLC or corporation (collectively "Company") is not overly complicated. It is a...
Uniform Fraudulent Transfer Act May Apply to Premarital Agreement
In Sturm v. Moyer, 32 Cal. App. 5th 299 (February 15, 2019), the California Court of Appeal ("COA") addressed a question of first impression and held that, assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent...
Attorney Violated Standard of Care By Failing to Raise Stern Objection
In Stevens v. Sharif, et. al., No. 15 C 1405 (N.D. Ill. August 30, 2019), Judge Durkin of the United States District Court for the Northern District of Illinois found that defendant's attorney in Wellness International Network Ltd. v. Sharif, 135 S. Ct. 1932 (2015)...
Marital Settlement Agreement Does Not Relieve Debtor of Non-Dischargeable Liability
In U.S. Dep't of Educ. v. Carrion (In re Carrion), BAP No. SC-18-1234-FBKu (May 31, 2019), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that a debtor remained personally liable for the entire amount of a student loan debt despite a marital settlement...