Glassberg, Pollak & Associates

06/05/2024

https://glassberg-pollak.com/2024/06/05/fifth-circuit-recent-u-s-supreme-court-ruling-did-not-alter-mootness-requirements-for-unstayed-bankruptcy-sale-orders/

Uncategorized Fifth Circuit: Recent U.S. Supreme Court Ruling Did Not Alter Mootness Requirements for Unstayed Bankruptcy Sale Orders May 30 2024 Section 363(m) of the Bankruptcy Code offers powerful protection for good-faith purchasers in bankruptcy sales because it limits appellate review of an ap...

06/05/2024

https://glassberg-pollak.com/2024/06/04/fifth-circuit-preference-claims-are-property-of-the-bankruptcy-estate-that-can-be-sold/

Uncategorized Fifth Circuit: Preference Claims Are Property of the Bankruptcy Estate that Can Be Sold May 30 2024 A debtor’s non-exempt assets (and even the debtor’s entire business) are commonly sold during the course of a bankruptcy case by the trustee or a chapter 11 debtor-in-possession (“...

06/05/2024

https://glassberg-pollak.com/2024/06/04/should-i-care-that-the-debtor-has-filed-a-motion-to-sell-its-assets/

Uncategorized Should I Care That the Debtor Has Filed a Motion to Sell Its Assets? May 30 2024 Sales pursuant to Section 363 of the Bankruptcy Code have become commonplace in bankruptcy cases as a mechanism to liquidate a debtor’s assets and maximize value for creditors. Selling the debtor’s ass...

11/28/2023

https://glassberg-pollak.com/2023/11/20/successor-liability-and-bankruptcy-sales-can-i-look-to-the-purchaser-of-my-customers-business-for-payment-of-my-claim/

Uncategorized Successor Liability and Bankruptcy Sales: Can I Look to the Purchaser of My Customer’s Business for Payment of My Claim? November 9 2023 Troutman Pepper – David M. Fournier, Evelyn J. Meltzer, Kenneth A. Listwak and Tori Lynn Re*****on Successor liability is a catchall term for a g...

11/16/2023

Small AV rated San Rafael law firm specializing in commercial litigation and creditors’ rights seeks litigation associate with trial experience. Candidates must have strong writing & communication skills, be willing to assume a significant case load, and demonstrate leadership with both clients and staff. The firm is looking for an attorney who aspires to partnership. If that person is you, please send your resume and salary requirements to [email protected]

10/19/2023

General Office Assistant position in downtown San Rafael

Glassberg, Pollak & Associates, a small AV rated law firm currently located in downtown San Rafael, seeks a part-time General Office Assistant. Flexible schedule offered. Please email resumes to [email protected]

POSITION
General Office Assistant (part-time), salary commensurate with experience

DUTIES
• making copies
• assist with filing
• assist with light e-filing
• assist with processing outgoing mail
• general office duties
• assisting secretaries


QUALIFICATIONS
• some legal experience desired
• some office experience preferred
• some MS Word experience preferred
• detail-oriented & flexible

07/06/2023

https://glassberg-pollak.com/2023/07/04/did-the-supreme-court-just-undermine-daimler-a-caution-for-multistate-companies/

Uncategorized Did The Supreme Court Just Undermine Daimler? A Caution for Multistate Companies USA June 28 2023 Hidden amidst the more high profile end of term decisions from the Supreme Court is a seemingly boring procedural decision that could have significant impact on businesses and expose them....

03/01/2023

https://glassberg-pollak.com/2023/03/01/grammar-dooms-innocent-spouse-in-non-dischargeability-case/

Uncategorized Grammar Dooms Innocent Spouse in Non-Dischargeability Case THURSDAY, FEBRUARY 23, 2023 While we often recite that bankruptcy is for the honest but unfortunate debtor, a new case from the Supreme Court shows that getting into bed or business with the wrong person can lead to a non-disch...

01/03/2023

https://glassberg-pollak.com/2022/12/30/9th-cir-affirms-bankruptcy-court-ruling-avoiding-judgment-lien-on-calif-homestead-property/

Uncategorized 9th Cir. Affirms Bankruptcy Court Ruling Avoiding Judgment Lien on Calif. Homestead Property December 26 2022 The U.S. Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s judgment in favor of a debtor who sought to avoid a judgment lien under California’s ...

12/15/2022

https://glassberg-pollak.com/2022/12/14/reminder-new-disclosure-obligations-for-lenders-go-into-effect-in-california-on-december-9-2022/

Uncategorized Reminder: New Disclosure Obligations for Lenders Go Into Effect in California on December 9, 2022 On June 9, 2022, California approved new commercial financing disclosure regulations proposed by the California Department of Financial Protection and Innovation (DFPI). Those regulations....

11/02/2022

https://glassberg-pollak.com/2022/11/02/calif-app-court-1st-dist-holds-late-fee-was-unlawful-penalty-under-calif-law-vacates-arbitration-award-in-lenders-favor/

Uncategorized Calif. App. Court (1st Dist) Holds Late Fee Was ‘Unlawful Penalty’ Under Calif. Law, Vacates Arbitration Award in Lender’s Favor October 31 2022 The California Court of Appeal for the First Appellate District recently reversed a trial court’s decision to affirm an arbitration a...

09/26/2022

https://glassberg-pollak.com/2022/09/26/california-business-divorce-reverse-veil-piercing-permitting-a-court-to-hold-a-company-liable-for-the-debt-of-an-individual-owner/

Uncategorized California Business Divorce: Reverse Veil Piercing: Permitting a Court to Hold a Company Liable for the Debt of an Individual Owner You have likely heard the term “piercing the veil.” This legal doctrine permits a court to ignore corporate formalities and hold an individual owner l...

09/14/2022

https://glassberg-pollak.com/2022/09/13/recent-ninth-circuit-decision-regarding-interest-on-claims-for-unimpaired-credit/

Uncategorized Recent Ninth Circuit decision regarding interest on claims for unimpaired credit On August 29, 2022, in the PG&E bankruptcy matter, the Court of Appeals for the Ninth Circuit became the first circuit-level court to address the question of what is the correct rate of interest to be appl...

09/14/2022

https://glassberg-pollak.com/2022/09/13/8th-cir-distinguishes-article-iii-and-statutory-standing-in-fdcpa-third-party-disclosure-case/

Uncategorized 8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case The U.S. Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim under Section 1692c(b) of t...

09/14/2022

https://glassberg-pollak.com/2022/09/13/eleventh-circuit-en-banc-panel-reverses-controversial-hunstein-decision/

Uncategorized Eleventh Circuit En Banc Panel Reverses Controversial Hunstein Decision In a much anticipated decision released September 8, an en banc panel of the Eleventh Circuit Court of Appeals reversed the district court’s decision that a debt collector’s outsourcing of its letter process to...

06/24/2022

Recent Changes to Chapter 11 and Chapter 13 Bankruptcy

https://glassberg-pollak.com/2022/06/24/recent-changes-to-chapter-11-and-chapter-13-bankruptcy/

05/02/2022

https://glassberg-pollak.com/2022/05/02/insolvency-law-committee/

News, Uncategorized Insolvency Law Committee UPDATE: At midnight on March 27, 2022, certain provisions of the CARES Act expired. Importantly for insolvency practitioners, the subchapter V debt limit of $7,500,000 reverted to the lower original amount of $2,725,625. It appears that Congress is workin...

03/17/2022

https://glassberg-pollak.com/2022/03/17/nonconsensual-third-party-releases-what-they-are-and-why-you-should-care/

Bradley Arant Boult Cummings LLP March 14 2022 Although bankruptcy filings have been scarce in the couple years since COVID-19 emerged,[1] filings are expected to start ticking upward again as governmental pandemic assistance and financial leeway, such as forbearance agreements, are lifted. Despite....

03/17/2022

https://glassberg-pollak.com/2022/03/17/death-by-a-thousand-cuts-cumulative-trustee-friendly-rulings-on-bankruptcy-code-claw-back-provisions-are-unfairly-burdening-subsequent-transferees/

Freshfields Bruckhaus Deringer LLP March 16 2022 The Supreme Court recently denied certiorari in Picard v. Citibank, in which the petitioner sought review of a Second Circuit decision on a seemingly obscure point of law: the pleading burden for “good faith” under Section 550 of the Bankruptcy Co...

02/25/2022

https://glassberg-pollak.com/2022/02/25/the-texas-two-step-firestorm-this-is-no-dance/

Squire Patton Boggs In recent weeks, a move dubbed the “Texas Two-Step” has leaped from coverage first in publications geared only for the professional restructuring community, then to the mainstream press, then to hearings before the United States Senate Judiciary Committee, and now to a full-b...

02/09/2022

https://glassberg-pollak.com/2022/02/09/receivables-transactions-revisited-recent-decisions-split-on-sale-vs-loan-characterization/

Crowell & Moring LLP, February 7 2022 The merchant cash advance (“MCA”) industry recently provided two different bankruptcy courts with an opportunity to consider the characterization of MCA funding transactions as either “true sales” of receivables or “disguised loans”. [1] MCA funders ...

01/05/2022

https://glassberg-pollak.com/2022/01/04/insolvency-law-committee/

January 4, 2021 REMINDER: On March 28, 2022, certain provisions in the CARES Act expire. Importantly for insolvency practitioners, the amount of eligible debt permissible for a debtor to file under subchapter V decreases from $7,500,000 back to the original amount of $2,725,625. It is uncertain whet...

11/22/2021

https://www.lexology.com/library/detail.aspx?g=547017e6-1818-4f46-a0b4-eaa5609aeb5d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Calbar+business+section+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2021-11-22&utm_term

On its own initiative, the active judges of the U.S. Court of Appeals for the Eleventh Circuit have taken a vote and will hear the appeal, en banc…

04/14/2021

04/09/2021

04/09/2021