Sullivan Hill’s Kathleen Cashman-Kramer authored a case summary titled, “Brown v Barclay (In re Brown) (9th Cir)” which was published in the Insolvency Law Committee E-Bulletin (December 2020) by the Business Law Section of the California Lawyers Association (CLA). The article was written by Ms. Cashman-Kramer with editorial contributions from Insolvency Law Committee members Summer Shaw and Hon. Meredith Jury (ret.).
In the article, Ms. Cashman-Kramer analyzes the case Brown v Barclay (In re Brown) 953 F.3d 617 (9th Cir. 2020) where the Ninth Circuit answered the question of whether or not the statutory provision, § 348(f)(1)(A), that defines property of the estate at the time of conversion, includes funds that were fraudulently transferred out of the voluntary estate in order to avoid creditors. She states that the case started with a Chapter 13 case filed in San Diego in 2013. She explains how the Chapter 13 case was converted to a Chapter 7 case during six years of litigation due to unauthorized and fraudulent transfers of more than $37,000 by the debtor.
To read the entire article, click here.
Ms. Cashman-Kramer practices in the areas of bankruptcy and other insolvency matters as well as in commercial and real estate litigation. Her representation in the Bankruptcy Court includes bankruptcy trustees, secured, priority and unsecured creditors, lessors, and bankruptcy debtors in commercial Chapter 11 and Chapter 7 bankruptcy proceedings. She has represented a Chapter 13 Trustee for the U.S. Bankruptcy Court for the Southern District of California. She also has represented title insurance companies as well as individual and corporate parties in business and real estate litigation.
About Sullivan Hill:
Sullivan Hill has provided efficient, aggressive, and responsive legal representation for more than 50 years. The firm provides full service representation to clients in a variety of industries with an emphasis in insolvency, construction disputes, insurance coverage, real estate, business disputes, civil litigation, and transactional work. The firm has offices in San Diego and Las Vegas.