ACBA Bankruptcy Symposium

Join attorney Steve Morger who will speak at two programs on November 15, 2019 for the ACBA Bankruptcy Symposium from 11:45 AM – 2:00 PM.  The annual ACBA East Bay Bankruptcy Symposium is a half-day program designed for bankruptcy practitioners to keep up to date with the latest developments in the field.

11:45 AM – 1:00 PM: Clouding the Horizon – Understanding the Impact of CA Supreme Court Decision, Black Sky Capital LLC v. Cobb, Regarding Antideficiency Statutes and Debtor/Creditor Rights. 

Program Description:

This Symposium program will review the fundamental aspects of California foreclosure law associated with Code of Civil Procedure Sections 726 (the one-action/security-first rule) & 580 (the antideficiency statute).  Steve will discuss the recent California Supreme Court decision that put into question decades of real estate lending practice – Black Sky Capital LLC v. Cobb.  Join us to understand what these recent developments mean for real estate secured transactions, and how to protect the interests of your debtor/creditor clients.

1:00 PM – 2:00 PM: Contractual Penalty or Permissible Default-Rate Interest?  An Evolving Analysis.  An exploration of recent California case law impacting the applicability of California Civil Code Section 1671(b) to loan provisions, and the resulting impact on clients.  

Program Description:

This session will review of some of the most recent California cases interpreting Civil Code Section 1671(b). The discussion will help the audience discern when loan provisions – such as default-rate interest – are permissible under Section 1671(b), and when those provisions rise to the classification of a penalty. With case law continuing to evolve, this program will explore the issues as they currently stand, and what what the future might hold.


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