Whether you are a secured lender, business owner, or an investor in distressed commercial real estate, a recent California Supreme Court decision presents a potentially costly and time-consuming trap for the unwary. read more

Congress recently passed and the President signed into law the Small Business Reorganization Act of 2019. This Act will provide broader bankruptcy relief to individuals engaged in business with aggregate debts of $2,725,625 or less. This debt limit is subject to adjustment every three years. read more

A recent decision by the District Court for the Central District of California, however, holds that section 1671(b) does not apply to a default interest rate imposed upon maturity as a matter of law. read more

This week, Pacific Gas & Electric ("PG&E"), the state's largest utility, filed for Chapter 11 bankruptcy protection in the Northern District of California. PG&E claims over $50 billion in assets and $50 billion in liabilities, but has not yet filed the disclosures that identify its contract counterparties, creditors and other business partners who have an interest in its bankruptcy case. read more

A recent California court case underscores the need for a landlord to insist that a tenant's lender assume the lease following foreclosure, and simultaneously highlights an opportunity for a lender foreclosing on a leasehold to limit its liability under the lease. read more