The Inland Empire Bankruptcy Forum is a forum of lawyers and others dedicated to the study of bankruptcy and insolvency. The Inland Empire is the fastest growing region in Southern California. Growth brings more business to our area, and more lawyers and…
In January, 2016 the Ninth Circuit Court of Appeals in Zachary v. California Bank and Trust ruled that the Absolute Priority Rule still applies to individual Chapter 11 reorganizations after the Bankruptcy Code was amended in 2005. This ruling means…
Marshack Hays LLP is pleased to announce that D. Edward Hays has been selected for inclusion in Southern California Super Lawyers 2012. Recognition in this publication is a well-deserved honor attained by no more than 5% of the lawyers in…
We wish to congratulate Cynthia S. Conners on being inaugurated as Mayor of the City of Laguna Woods, California. Her inauguration comes after serving as the Mayor Pro Tem for the preceding year. Ms. Conners maintains a busy law practice…
Do inherited IRAs constitute “retirement funds” that may be exempted from a bankruptcy estate? This issue causes some consternation among bankruptcy trustees when debtors assert exemption claims on money they receive as an inheritance—money that they did not set aside…
By Ed Hays: When a debtor re-files a bankruptcy petition within a year of dismissal, §362(c)(3)(A) ((Unless stated otherwise, all section references are to the Bankruptcy Code, 11 U.S.C. §§101-1330.)) provides that the automatic stay “shall terminate with respect to…
By Ed Hays: Trustee’s often face a procedural quagmire where debtors fail to accurately list or value assets and then seek to amend schedules and claims of exemption. Yet the Ninth Circuit BAP recently provided solace to trustees and creditors…
By Richard Marshack: In a prior post, I began a review of when beneficial interests under spendthrift trusts may be reached as property of the estate in the Ninth Circuit. Today I’ll look more closely at the decisions in In…
By Ed Hays: The recent Ninth Circuit case of Ahcom, Ltd. v. Hendrik Smeding, et al., (9th Cir. 2010) 623 F.3d 1248, surprised many bankruptcy lawyers with its holding that a chapter 11 trustee of a corporation does not own…
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