The Ninth Circuit recently issued the opinion, America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 12-60052 (9th Cir. April 16, 2014), which held that in spite of the Ninth Circuit's holding in Sternberg v. Johnson, a debtor is not precluded...
A number of relief options are available for businesses with heavy debts. Depending on your financial situation and how your business is structured, there may be out-of-court solutions such as a negotiated settlement with creditors or debt restructuring. In other...
The Ninth Circuit Court of Appeals recently issued the opinion, Shapiro v. Henson, which held that a party has a statutory duty to turn over property that it had possession, custody or control of at any time during the bankruptcy case. Prior to filing a voluntary...
When drafting an express easement to be recorded, it is important to explicitly provide for the scope, use and purpose of such easement. The easement language should be clear and unambiguous so as to avoid potential misinterpretation and disputes. In the recent...
Planning, forming and growing a new business can be immensely satisfying. From the legal structuring process to the eventual expansion of operations, the excitement of new opportunities is often what drives success. Of course, sometimes healthy growth involves merging...
Litigation comes with great expense and uncertain results. If you're involved with a serious business dispute you should appreciate the benefits of avoiding the courtroom unless it is absolutely necessary. With solid legal planning, mediation or arbitration may be the...
In In re Colusa Regional Medical Center, 2019 WL 4398419, the Ninth Circuit Bankruptcy Appellate Panel (the "BAP") emphasized the limited ability of a bankruptcy trustee to surcharge a secured creditor's collateral for the stated purpose of estate preservation. The...