Supreme Court Copyright Decision that is Important for Bankruptcy Practitioners
Allen v. Cooper, 589 U.S. ___, 2020 WL 1325815 (2020) On March 23, 2020, the United States Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), holding that Congress had […]
Bankruptcy Court Holds Unscheduled Claim Is Not Discharged
West Valley Medical Partners, LLC v. Menaker (In re Menaker), __B.R.__, No. 1:13-BK-13562-MB, 2019 WL 3064875 (Bankr. C.D. Cal. July 8, 2019). The defendant-debtors leased commercial property form the plaintiff creditor prior to their […]
Bankruptcy Court Rules that Federal Energy Regulatory Commission Does Not Have Concurrent Jurisdiction Over Rejection of Power Purchase Agreements
PG&E Corp. v. Fed. Energy Reg. Comm’n (In re PG&E Corp.), No. AP 19-03003, 2019 WL 2491247 (Bankr. N.D. Cal. June 7, 2019). The debtors filed an adversary proceeding seeking a judgment enjoining the […]
Criminal Conviction Evidenced a Lack of Good Faith in Student Loan Dischargeability Action
In re Hurley, 601 B.R. 529 (B.A.P. 9th Cir. 2019). The debtor incurred student loan debt while studying for his law degree and L.L.M. in taxation. In 2009 he was hired as a revenue […]
Supreme Court Sets Standard for Civil Contempt for Violation of Discharge Order
Taggart v. Lorenzen, 139 S. Ct. 175 (2019). The Supreme Court held that a court may hold a creditor in civil contempt for violating a discharge order if there is “no fair ground of […]
Family Law and Bankruptcy—Dischargeability of Debts Assigned to Spouse in Marriage Settlement Agreement
In re Carrion, __ B.R. __ (B.A.P. 9th Cir. May 31, 2019). During marriage, the debtor borrowed $21,894 from the U.S. Department of Education to pay tuition for his son’s college education. His wife […]
Bankruptcy Case Involving Marijuana Related Business
Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019). The U.S. Trustee argued that a chapter 11 plan was “proposed by …means forbidden by law” because one of five debtors’ […]
Some Lessons Learned from In re Pacific 9 Transportation, Inc.
In 2018, Danning, Gill, Diamond & Kollitz, LLP, concluded its representation of the Official Committee of Unsecured Creditors appointed in In re Pacific 9 Transportation, Inc., Bankr. Case No. 2:16-bk-15447-WB (Bankr. C.D. Cal.). The […]
When Spouses Acquire Real Property and Take Title as Joint Tenants, Is It Really Community Property? The Ninth Circuit Seeks Guidance from the California Supreme Court
Family Code § 760 provides that “[e]xcept as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in [California] is community property.” This […]