bankruptcy court california

• U.S. Bankruptcy Court in California

A legally married same-sex couple can file a joint bankruptcy petition, and denying their petition would violate their equal protection rights, a has ruled. The couple was legally married in California and filed a joint Chapter 13 petition. The U.S. Trustee moved to dismiss the petition, relying on the federal Defense of Marriage Act to argue that the debtors were ineligible to file a joint petition because they were two males.

• Lawyers USA
• June 21, 2011

• Scotus Takes On Anna Nicole Smith High Court Should Halt Hijacking of Cases by Distant Judges

Leaked cables from Bahamian government officials detailing scandal. A Lon- don opera chronicling her tumultuous life and ca- reer. Supreme Court ar- guments in the estate case continuing years after her demise. The Anna Nicole Smith saga forges on. Despite the tabloid stories that continue to surface describing the troubled life of the former Playboy model, it's the legal matters involved in a fight Smith initiated almost 15 years ago that should make the American public sit up and take notice. The glaring legal problem in Stern v. Marshall is the blatantly manipulative manner by which Smith's lawyer and lover, Howard K. Stern, and her team of lawyers moved an estate case from a Texas probate court to a California bankruptcy court in search of a more favorable venue. Stemming from that ...

• The Washington Times
• January 07, 2011

• Alter Ego Claim Proceeds Outside Bankruptcy, Rules California Court of Appeal

The automatic stay in a corporation's bankruptcy case did not prevent its owner from being sued by a creditor in state court under an alter ego theory, the California Court of Appeal has ruled in affirming a $292,000 judgment. The plaintiff provided goods to the defendant's corporation. When its invoices were not paid, the plaintiff sued the defendant and his corporation. According to the plaintiff, the defendant was individually liable for the unpaid invoices under an alter ego theory.

• Lawyers USA
• January 26, 2011

• Stern v. Marshall, 564 U.S. (2011)

...-a Texas state probatecourt and the Bankruptcy Court for the Central Districtof California-have r...

• U.S. Supreme Court

• Bankruptcy Court Judge Dismisses Malpractice Suits Against St. Based Bryan Cave

Bryan Cave has won dismissal of a pair of malpractice lawsuits against the firm in a California bankruptcy court. It's now up to a federal district court judge to approve the bankruptcy court ruling. If the judge approves it, the plaintiffs plan to go to the 9th U.S. Circuit Court of Appeals.

• Missouri Lawyers Media
• October 18, 2011

• A Preference for States? The Woes of Preempting State Preference Statutes

Financially distressed businesses, especially in California, are increasingly using assignments for the benefit of creditors (ABCs) to liquidate their assets as an alternative to filing a chapter 7 bankruptcy. ABCs are more efficient, less costly, and minimize negative publicity for management. Recently, several courts considered whether the California preference statute, which gives a state assignee, but not creditors generally, the power to recover preferences, is preempted by the Bankruptcy Code. The decision to file for bankruptcy or to initiate ABC proceedings is predominantly a creditor concern. The decisions of the California Court of Appeals and the Ninth Circuit have substantial impact on creditors because a preemptiomst resolution to the debate at hand would result in a tradeo...

• Emory Bankruptcy Developments Journal
• Vol. 24 Nbr. 2, July 2008

• Okc's First National Center Owners File for Bankruptcy

The owners of the landmark First National Center have filed for Chapter 11 bankruptcy, putting a halt to foreclosure proceedings on the historic downtown property, at least for the time being. The entities that own the 80-year old, 33-story tower, First National Building I LLC and First National Building II LLC, both controlled at least partially by Los Angeles-based Milbank Real Estate, filed for Chapter 11 bankruptcy in U.S. Bankruptcy Court for the Central District of California on Thursday, according to court records.

• The Journal Record
• October 15, 2010

• California Court of Appeal Says Bank Can Be Sued for Foreclosing by Deceptive Means

A bank may be liable for foreclosing on a home after allegedly promising to modify a mortgage in order get the homeowner to forgo the protections of bankruptcy, the California Court of Appeal has ruled in reversing a dismissal. The defendant held a mortgage on the plaintiff's home. The plaintiff filed for bankruptcy after defaulting on her mortgage payments.

• Lawyers USA
• February 09, 2011

• Margaret Mann, a partner in the San Diego office of Sheppard Mullin Richter & Hampton LLP, has been sworn in as a judge of the U.S. Bankruptcy Court for the Southern District of California.

Margaret Mann, a partner in the San Diego office of Sheppard Mullin Richter & Hampton LLP, has been sworn in as a judge of the U.S. Bankruptcy Court f...

• San Diego Business Journal
• April 26, 2010

• U.S. Solar Company Solyndra Tied to Asian Supplies

The California solar panel company that left taxpayers responsible for a $535 million U.S. Department of Energy loan guarantee was outsourcing significant portions of its business to Asian companies, according to a Tribune-Review analysis of bills of lading from U.S. ports. Solyndra LLC closed Aug. 31 and filed for bankruptcy protection this month, reporting debts of $783.8 million and assets of $859 million as of Jan. 1, according to papers filed in U.S. Bankruptcy Court in Wilmington, Del.

• Tribune - Review / Pittsburgh Tribune - Review
• September 23, 2011