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...
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 In re Perez (Zamora v. Perez), BAP No. CC-20-1280, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) upheld the Bankruptcy Court’s overruling of the Chapter 7 Trustee’s objection to the Debtor’s homestead exemption under Section 522(g) of the Bankruptcy Code...
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...
In Brace v. Speier (In re Brace), Case No. 17-60032 (November 9, 2020), the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the Bankruptcy Appellate Panel’s (“BAP”) and the bankruptcy court's determination that California’s community property...
On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC, S253677 decided two questions of law relating to meal periods: first, “that employers cannot engage in the practice of rounding time punches – that is, adjusting the hours that an...