HOT DOCS

BANKRUPTCY – In re Davis

OPINION – After a Chapter 7 discharge, debtor filed under Chapter 12. Creditors said her debt exceeded the Chapter 12 limit, but she argued that due to the Chapter 7 discharge, the undersecured debt did not count. Precedent was split, but the B.A.P. ruled that until the collateral was sold, the full claims were still debts for Chapter 12 eligibility purposes. (9th Cir. B.A.P.)

ATTORNEY-CLIENT PRIVILEGE – S.E.C. v. CMKM Diamonds Inc.

BRIEF – Money from a securities fraud scheme was traced from an international account to the client trust account of an attorney. The S.E.C. subpoenaed the bank records for the trust account. The attorney claimed the records were privileged, and lost. On appeal, the S.E.C. argues that there is no privilege and no constitutional right of privacy for the bank records. (9th Cir.)

COPYRIGHT – Moore v. Kirkman

COMPLAINT – Moore and Kirkman are co-authors of comic book series including “The Walking Dead.” Moore claims that Kirkman used false promises and false representations to induce him to assign his copyright interests in the works to Kirkman’s alter-ego company. Moore seeks declaratory judgment of his co-authorship and rescission of the assignment. (C.D. Cal.)

COURT WIRE: JUST FILED