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    SCOTUS tells the Ninth Circuit to follow the law: Section 105(a) is not a means to contravene other provisions of the Bankruptcy Code
    2014-03-05

    Stephen Law filed a chapter 7 petition in California.  His only valuable asset was his home, which he scheduled at a value of $363,348.  Washington Mutual Bank held a lien against the home to secure a loan in the amount of $156,929.  Law asserted a homestead exemption under California law of $75,000.  In order to prevent the bankruptcy trustee from selling his home, Law fabricated a second lien against his home which consumed his entire equity, and obtained the cooperation of a Chinese national named Lili Lin to assert that she was actually owed money by the debtor.&nbsp

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Holland & Hart LLP
    The Girls Gone Wild chronicles — episode 1
    2014-01-21

    Joe Francis built his Girls Gone Wild (GGW) empire (and the ego of an emperor) filming intoxicated college girls in various states of undress, putting that footage on VHS (and later DVDs and branded websites), and selling them to eager consumers across the globe.  If you were alive and watching TV in the late 1990s and early aughts, those late-night infomercials undoubtedly made their way across your TV screen at some point, or you may have even purchased such classics as Girls Gone Wild: Mardi Gras Madness or Girls Gone Wild: Ultimate Spring Break.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP, Punitive damages, Bankruptcy, Defamation
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Parent obligor can pledge subsidiary’s collateral with subsidiary’s knowledge and consent
    2013-12-11

    In re WL Holmes LLC, ___ Fed. Appx. ___, 2013 WL 4019397 (3rd Cir 2013)

    CASE  SNAPSHOT

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Collateral (finance), Subsidiary, Chief financial officer, Third Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Stockton bankruptcy settlement preserves pensions
    2013-11-12

    The Chapter 9 bankruptcy case of Stockton, California has come to an unexpectedly quick and consensual resolution.

    Filed under:
    USA, California, Insolvency & Restructuring, Kelley Drye & Warren LLP, Bond (finance), Health insurance, Discrimination
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Financial ruin and the duty to settle within policy limits
    2013-10-17

    A liability insurance company has the right to take over the defense of a policyholder and to control all settlement discussions.  What happens if the carrier fails to pursue settlement negotiations with sufficient zeal, knowing full well that it was leaving the insured exposed to liability above policy limits?  You may be at risk in California if your insurer does this to you.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Kilpatrick Townsend & Stockton LLP, Liability insurance
    Authors:
    Carl A. Salisbury , Barry J. Fleishman
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Court holds that San Bernardino is eligible to file for Chapter 9
    2013-10-24

    On October 16, 2013, the U.S. Bankruptcy Court for the Central District of California ruled that the City of San Bernardino is eligible for protection under chapter 9 of the Bankruptcy Code.  In re City of San Bernardino, Cal., Case No. 12-28006, 2013 WL 5645560 (Bankr. C.D. Cal. Oct. 16, 2013).

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, US District Court for Central District of California
    Authors:
    Thomas Curtin , Mark C. Ellenberg , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lien on your government: the extension of the mechanic's lien remedy to public construction projects
    2013-08-01

    Since the California Mechanic's Lien Law was established more than 100 years ago, it has been black-letter law that a contractor or materials supplier has no right to assert a mechanic's lien against public property. Thus, contractors and material suppliers (and even legal practitioners) have resigned themselves to the notion that the only available remedies on "public projects" are claims against payment bonds and the enforcement of stop notices. Within the last few years, however, the inflexible rule that "you cannot lien public property" has begun to change.

    Filed under:
    USA, California, Insolvency & Restructuring, Projects & Procurement, Pillsbury Winthrop Shaw Pittman LLP
    Authors:
    Chris R. Rodriguez
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Superintendent of insurance may assert privilege on behalf of liquidating insurer
    2013-04-19

    In Wallis v. Centennial Insurance Co., No. 08-cv-2558 (E.D. Cal. Feb. 1, 2013), Magistrate Judge Allison Claire of the Eastern District of California held that the New York Superintendent of Insurance had the authority to assert the attorney-client privilege on behalf of an insurer that was in the process of being liquidated by the Superintendent.

    Filed under:
    USA, California, New York, Insolvency & Restructuring, Insurance, Litigation, Jenner & Block LLP, Attorney-client privilege, Liquidation, New York State Insurance Department
    Authors:
    David M. Greenwald
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Bankruptcy Court signals that public pension obligations could be impaired in chapter 9 bankruptcy along with other creditors
    2013-04-05

    On April 1, 2013, Judge Christopher Klein, Chief Judge of the United States Bankruptcy Court for the Eastern District of California, ruled that the City of Stockton, California, could proceed with its chapter 9 bankruptcy filing. Judge Klein’s decision affirmed Stockton’s status as the largest US city (population 300,000) to have successfully sought bankruptcy protection and proceed with bankruptcy.1 Judge Klein’s comments on the record may also signal that the resolution of Stockton’s chapter 9 will require the impairment of the city’s pension obligations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Good faith, CalPERS, United States bankruptcy court, US District Court for Eastern District of California
    Authors:
    Robert A. Klyman , Ursula H. Hyman , Lucas R. Bailey
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Judge rules in favor of Stockton and accepts Chapter 9 petition
    2013-04-09

    Round one of the fight between the City of Stockton, California and its creditors is finally over. On April 1, 2013, Bankruptcy Judge Christopher M. Klein held that Stockton satisfied the eligibility requirements for a Chapter 9 debtor.

    Back on June 28, 2012, Stockton filed a petition seeking to adjust its debts under Chapter 9 of the United States Bankruptcy Code.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bond (finance), Bankruptcy, Good faith, CalPERS
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

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