ILC eBulletin: In re Brace – California Supreme Court holds “form of title” presumption does not apply when it conflicts with Family Code’s community property presumption
August 14 2020 Dear constituency list members of the Insolvency Law Committee, the following is a recent case update. SUMMARY On July 23, 2020, in Speier v. Brace, __ P.3d __, __, 2020 WL […]
ILC eBulletin: 5th Circuit rules that trustee cannot avoid transfer of funds that were returned to the debtor prior to bankruptcy filing.
March 26, 2020 Dear constituency list members of the Insolvency Law Committee: The following is a case update written by Uzzi O. Raanan, a partner at Danning, Gill, Israel & Krasnoff, LLP, analyzing a […]
2019 Bankruptcy Truisms: “Rejection” of an Executory Contract Means “Breach,” and Not “Rescission,” and a Trademark Is Not a Type of Intellectual Property
By Sonia Singh and Zev Shechtman In Mission Product Holding, Inc. v. Tempnology, LLC, resolving a circuit split, the Supreme Court determined that a licensor’s choice to reject an executory trademark license agreement under […]
Case Analysis: In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. ___, No. 18-938 (Jan. 14, 2020)
January 16, 2020 Dear constituency list members of the Insolvency Law Committee, the following is a case update analyzing a recent case of interest: SUMMARY In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 […]
ILC e-Bulletin: Small Business Reorganization Act Imposes New Diligence Requirements on Preference Plaintiffs and Modifies Venue Provisions For Proceedings to Recover Less Than $25,000.
December 13, 2019 Dear constituency list members of the Insolvency Law Committee: On August 23, 2019, President Trump signed the Small Business Reorganization Act of 2019 (“SBRA”) into law. The SBRA is scheduled to […]
Case Analysis: In Hugger v. Warfield (In re Hugger), 2019 WL 1594017 (9th Cir. BAP Apr. 5, 2019)
August 16, 2019 Dear constituency list members of the Insolvency Law Committee, the following is a case update analyzing a recent case of interest: SUMMARY In Hugger v. Warfield (In re Hugger), 2019 WL […]