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

Ninth Circuit Court of Appeals recently ruled that a bank may have to return a borrower's funds held in an ordinary bank deposit account less than 90 days before the borrower's bankruptcy. read more

The Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. read more

The California Court of Appeal has once again confirmed that a "sham guaranty" defense will not bar a lender from enforcing a commercial guaranty of a real estate secured loan. read more

In a significant ruling, the Ninth Circuit Bankruptcy Appellate Panel has clarified that when a bank's prepetition deed of trust expressly encompasses the right to payment of settlement proceeds for any reduction in the value of the debtor's real property, the bank's lien attaches to those proceeds following a bankruptcy filing. read more