News and Events
July 11, 2013
On May 28, 2013, after hearing oral argument, the Bankruptcy Appellate Panel of the Ninth Circuit, consisting of Judges Taylor, Dunn, and Kirscher, upheld the Judgment of the Bankruptcy Court (Central District of California, Santa Ana Division) to deny the discharge of the Debtors under Bankruptcy Code Section 727 in the case of In re Ereren. The Firm represented the Plaintiff and Appellee in the matter, Richard A. Marshack, in his capacity as the Chapter 7 trustee of the bankruptcy case, and successfully argued that the decision of the Bankruptcy Court should be upheld.
May 6, 2013
On Sunday May 5th, the Firm, in addition to being a corporate sponsor raised an additional sum in excess of $20,000 by assembling over 125 participants in PCRF’s Annual 5k Run Walk. The Firm, a longtime supporter of PCRF, formed its team in honor of cancer survivor Katie Hawley through the efforts of Mr. Shulman’s twins daughters, McKenzie and Kennedy.
Congratulations to this year’s 2013 President of the Orange County Bankruptcy Forum, Melissa Davis Lowe!
February 25, 2013
In December 2012, Melissa Davis Lowe, a member of the Firm’s bankruptcy and reorganization department, was installed as the 2013 President of the Orange County Bankruptcy Forum (“OCBF”). Ms. Lowe has previously served as the OCBF’s Vice President and Secretary and is currently serving her second term on the Board of Directors.
November 27, 2012
The Firm would like to thank everyone that supported our Thanksgiving Food Drive for Second Harvest of Orange County this year. With your support we were able to collect 14 large barrels of food, toiletries, laundry products and over $1,500 in various grocery gift cards. Stay tuned for next year’s food drive as we are looking into a little more hands on food drive. Updates on 2013 Thanksgiving Food Drive will be posted in late Summer 2013.
The Ninth Circuit Bankruptcy Appellate Panel holds that a Chapter 7 Trustee has Standing to Appear with Respect to a Debtor’s Motion to Reopen and Motion to Convert
August 15, 2012
The Ninth Circuit Bankruptcy Appellate Panel (B.A.P.) issued a published opinion, Levesque v. Shapiro (In re Levesque), 2012 Bankr. LEXIS 2970 (B.A.P. 9th Cir. 2012) on June 25, 2012, affirming the Bankruptcy Court’s holding that granted debtors’ motion to reopen and denied debtors’ motion to convert to chapter 11. The B.A.P. in Levesque held that a Chapter 7 trustee has standing to appear and be heard on a motion to reopen. The B.A.P. opined that no other party is in a better position than a Chapter 7 trustee to advise the court of a debtor’s case history and administration of assets. Further, the B.A.P. affirmed the lower court’s denial of debtors’ motion to convert based on the Supreme Court’s ruling in Marrama v. Citizens Bank of Mass., 549 U.S. 365 (2007). The B.A.P. supported the lower court’s application of Marrama for conversion of Chapter 7 to Chapter 11, holding that a debtor does not have an absolute right to convert to one of the reorganization chapters. To see the full opinion, please click here.
March 9, 2012
In re Boston Men’s Health Center, Inc. Boston Men’s Health Center, Inc. (the “Debtor”) is in the business of providing organizational development, billing and collection, funds and revenue, marketing and advertising, and other management services to erectile dysfunction medical practices/clinics pursuant to management agreements with multiple entities. The Debtor was forced to file a Chapter 11 bankruptcy on July 12, 2011 based largely in part on a judgment entered against it in Georgia, which judgment has since been overturned. Led by Leonard Shulman, SHB confirmed a Chapter 11 Plan of Reorganization for the Debtor on March 8, 2012, less than a year after the petition was filed, confirmed by the Honorable Erithe A. Smith in the Central District of California, Santa Ana Division. The Plan calls for payments to be made to unsecured creditors over a period of three years in the total amount of 20% of allowed claims through the Debtor’s continued service of its management agreements and collection of accounts receivable.