Publications

The Bankruptcy Appellate Panel of the Ninth Circuit Upholds Bankruptcy Court’s Dismissal of Debtor’s Fraudulent Transfer Claims Due to Inconsistency With Statutory Language

April 8, 2014

E-Bulletin Prepared by Rika Kido for the Insolvency Law Committee

The United States Bankruptcy Appellate Panel (the “BAP”) upheld a bankruptcy court’s dismissal of the debtors’ claims against Wells Fargo Bank (“WFB”) without leave to amend. The claims sought to invalidate a trust deed against the debtors’ residence relating to a refinance transaction. ...

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Why Can't We Make This Lawsuit Go Away?

November 21, 2011

by John Mark Jennings and Kiara W. Gebhart as published in Orange County Business Journal.

One of the questions most often asked of a litigation attorney is "why canʼt we just make this lawsuit go away?" Companies defending lawsuits viewed as frivolous often become frustrated with the prospect of fighting in court for the foreseeable future - and rightfully so. When faced with litigation, there are no magic wands to be waved or back-channel options to dispose of the case. There are, however, various procedural ...

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Architectural Design and Engineering Firms: Downturn lessons learned and pitfalls to avoid in the next cycle.

September 26, 2011

by James C. Bastian, Jr. as published in Orange County Business Journal.

Perhaps no industry or segment of the local economy has been hit harder by the Great Recession and its fallout than real estate development, and in particular, architectural design and engineering firms. As we prepare for recovery and the real estate market begins its long climb back, players in the architectural, design and engineering arena have an opportunity to learn from many of the mistakes made during the last cycle which ...

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To Arbitrate or Not? It's Time to Reconsider

June 20, 2011

by Ronald S. Hodges and Kiara W. Gebhart as published in Orange County Business Journal.

Hopefully you are one of the lucky few to have dodged the unfortunate event of litigation. Regrettably, the climate today has resulted in cynics opining there are only two types of companies in California: those that have been sued and those that will be. Given the unfortunate reality that doing business in California necessarily includes the cost and uncertainty of litigation, it is imperative that companies frequently take steps to ...

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Are Insurance Plans Encouraging Unnecessary Bankruptcy Filings?

February 14, 2011

By Mark Bradshaw article published in OCBJ

Up to a point, the following story is unremarkable. A patient visits his local healthcare provider for emergency services, in this case a hospital which is not contracted with his insurance plan. He is admitted, treated, and discharged. As part of his admission forms he assigns his insurance benefits to the provider. The provider bills the insurance plan, which approves some of the charges. However, instead of paying the healthcare ...

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Developer Files Bankruptcy: What to do now and "trip wires" to avoid

January 31, 2011

Melissa Davis and Rika M. Kido, article published in the OCBJ.

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"The Importance and Limitations of Pre-Negotiation Agreements"

January 11, 2011

Michael J. Peterson and Paul S. Ocampo, article published in the OCBJ.

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"Special Purpose Entities NOT So Bankruptcy Remote"

December 6, 2010

Leonard M. Shulman, Managing Partner and Michael J. Petersen, Partner, publish an article in OCBJ

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Post-Default Enforcement of Rights Under UCC Financing

September 27, 2010

Leonard M. Shulman and Rika M. Kido, article published in the OCBJ.

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