Recent Decisions

/Recent Decisions

CALIFORNIA UPHOLDS CONTROVERSIAL ARBITRATION CLAUSE IN A CONSUMER CONTRACT

After two lower courts had ruled that an arbitration clause in a consumer contract was unconscionable, the California Supreme Court reversed in a recent ruling, finding the clause was enforceable in Sanchez v. Valencia Holding Co., LLC., 61 Cal.4th 899 (2015).
By |November 24th, 2015|Business, Recent Decisions|

9TH CIRCUIT UPHOLDS LIEN STRIPPING FOR “CHAPTER 20” DEBTORS

A recent decision by the Ninth Circuit has upheld the right of so-called “Chapter 20” debtors to avail themselves of the mechanism of lien avoidance.  The case is In re Blendheim, 803 F.3d 477 (2015).
By |November 23rd, 2015|Business, Recent Decisions|

SETTLEMENT AGREEMENT’S DELAYED PAYMENT PROVISION DEFEATS SECTION 547(C)(1) DEFENSE.

The debtor settled with a customer by agreeing to accept a return of goods and in exchange to pay the bank’s lien and a settlement payment to the customer “no sooner than 15 days after [debtor] receives the lien waiver confirming” the bank’s lien release.
By |November 10th, 2015|Business, Recent Decisions|