Category Archives: Bankruptcy

Seeking New Solos!

Community Law Practice Incubator Start Your Own Practice − Serve the Community Are you or someone you know interested in starting a solo practice? Apply now to participate in the…

Chapter 7 Bankruptcy Trustee Must Obtain Court Approval Before Paying Taxes

Reno F.R. Fernandez III In In re Cloobeck, 14 C.D.O.S. 5982, No. 23-15432 (9th Cir. June 12, 2015), the United States Court of Appeals for the Ninth Circuit ruled that…

Welcoming Gregg Ficks, Incoming Commercial Law and Bankruptcy Section Chair

The Bar Association of San Francisco is excited to welcome its 2015 Commercial Law and Bankruptcy Section Chair, Gregg Ficks. Gregg is a partner at Coblentz, Patch, Duffy & Bass,…

BASF Joins Los Angeles County Bar Association in Amicus Brief Regarding Heller Ehrman Bankruptcy

In late February, BASF, along with the Los Angeles County Bar Association (LACBA), filed an amicus brief in a case before the Ninth Circuit Court of Appeals, which received widespread…

If You Are A Spendthrift (Trust), Go To Hawaii

Reno F.R. Fernandez III A valid spendthrift trust is entitled to certain protections in bankruptcy, especially in Hawaii. In In re Zukerkorn, 500 B.R. 598 (9th Cir. BAP 2013), the…

Lien Priorities Altered When One Creditor Breaches Fiduciary Duties to Another

Reno F.R. Fernandez III In Feresi v. Livery, 2014 LEXIS 1138 (Cal.App. 2d Dist. Dec. 15, 2014), a California court held that equitable principles control over the Uniform Commercial Code’s priority…

Legal Ethics Corner: Ethical Issues in Accepting Credit Card Payments

By Ryan Stahl, Scherer Smith & Kenny As anyone who has paid for vegetables at the farmers’ market on a merchant’s smartphone knows, the use of credit cards as a…

Discharging Student Loans

Reno F.R. Fernandez III A recent opinion, namely In re Hedlund, 718 F.3d 848 (9th Cir. 2013), may make it easier to discharge student loans. In Hedlund, the debtor borrowed…

Can Bitcoin be Used as Collateral to Secure a Loan?

Reno F.R. Fernandez III Problems arise when a lender attempts to accept Bitcoin as collateral to secure a loan.  More problems arise when Bitcoin makes up a portion of the…

License Assumed While Related Agreements Rejected

Reno F.R. Fernandez III In In re Physiotherapy Holdings, Inc., 506 B.R. 619 (Bankr. D. Del. 2014), the bankruptcy court permitted the debtor to assume a license agreement but reject other…