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2020 Virtual Fall Annual Meeting and Education Conference
Registration Ends Monday, October 12th!
October 14-15, 2020
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ACIC Private Notes                          October 2020
Welcome to the October 2020 edition of the ACIC Private Notes! 
In this edition, you'll find:
  • Recent case law summaries from the Southwest Region, prepared by Andrew Thomison (of Baker Botts); and
  • Recent case law summaries from the Rocky Mountain and Western Region, prepared by David Simonds and Edward McNeilly (both of Hogan Lovells). 

Also read on to find out where to get the latest updates and materials for the upcoming 2020 Virtual Fall Annual Meeting and Education Conference.

ACIC 2020 Fall Conference

Fall is officially here, and that means the 2020 Virtual Fall Annual Meeting and Education Conference is just a few weeks away! This year's conference takes place virtually from the comfort of your own home on October 14 and 15.
As we get closer to the conference dates, please be sure to check this link often to get the latest updates, including conference papers as they come in. Multiple session outlines are already available!

Recent Case Law Summaries

Southwest Region
In In re: Hidalgo County Emergency Service Foundation v. Carranza, the Fifth Circuit Court of Appeals was called upon to determine whether the bankruptcy court exceeded its authority when it issued a preliminary injunction mandating that the Small Business Administration handle a bankrupt debtor's PPP application without consideration of the debtor's ongoing bankruptcy. Click here to learn more.
In Legacy Bank v. Fab Tech Drilling Equipment, Inc., the Texas Court of Appeals, in an issue of first impression in Texas, considered whether the holder of a prior perfected security interest waived its priority right to collateral by failing to declare a default or otherwise take an affirmative action to foreclose on collateral prior to a judgment lien creditor exercising foreclosure rights on the same collateral through garnishment. Click here to learn more.
Rocky Mountain and Western Region
In Blixseth v. Credit Suisse, the Ninth Circuit Court of Appeals, for the first time, affirmed the validity of a narrowly tailored exculpation clause that released a lender from certain potential claims against it arising from the bankruptcy proceedings and not with respect to the debtor's discharged debts themselves. Click here to learn more.

In Gunderson v. Weidner Holdings, LLC, the Colorado Court of Appeals, the intermediate appellate court of the state of Colorado, held that the Uniform Commercial Code's statute of limitations, not the general statute of limitations under Colorado law, applied to a claim to enforce two promissory notes, one of which was secured by a deed of trust, and thus lender's claim for enforcement was not time-barred. Click here to learn more.

In In re Medina, the Bankruptcy Appellate Panel for the Ninth Circuit held that "actual damages" were not required in order for a court to set aside a prepetition transmutation between judgment debtor and his wife pursuant to California's Uniform Voidable Transactions Act. Click here to learn more.