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...
The webinar led by Judge Albert and J. Scott Bovitz discussed the implications of the United States Supreme Court decision in In re Bartenwefer. Judge Albert highlighted that, historically under the United States Bankruptcy Code, you have to have a "bad actor" to deny...
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 Stanley v. Mason (In re BCB Contracting Services, LLC), BAP No. AZ-21-1254-BSF (April 21, 2022), the Bankruptcy Appellate Panel (“BAP”) held that sanctions are a proper exercise of the bankruptcy court’s inherent authority. To impose sanctions under its inherent...
In In re Jaswinder Singh Bhangoo, BAP No. EC-21-1158-BSL, the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") affirmed a ruling from the United States Bankruptcy Court for the Eastern District of California that denied a debtor's claimed...
In Censo, LLC v. Newrez, LLC, BAP No. NV-21-1125-LTF (April 5, 2022), the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) offered guidance and clarity on when a non-bankruptcy court’s post-petition order on a pending matter violates the automatic stay. In...
In Kurtin v. Ehrenberg (In re Elieff), BAP No. CC-21-1081-SFL (March 21, 2022), the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) held that when a claim is subordinated under 11 U.S.C. § 510(b), any judgment and other liens and encumbrances securing that...
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...