bankruptcy-exemptions-debtor-bad-faith

Bankruptcy Exemptions – Can a Court Deny Exemptions After Law v. Siegel?

Limits on Court Authority to Deny Bankruptcy Exemptions When a debtor files for chapter 7 or chapter 11 bankruptcy, the debtor is entitled to certain exemptions which effect creditor’s rights. The exempt property is shielded from the creditors circling around the debtor’s estate for collection of their outstanding loans. One well-known bankruptcy exemption is the … Read More

escrow-holder-liability-damages

Escrow Holder Liability and Related Damages – A Simple Framework

Escrow Holder Liability Theories An escrow holder is typically able to be held liable on theories of: breach of contract, general negligence, and breach of fiduciary duty, among others which will not be discussed herein. Talkov Law, however, does have a stable of attorneys ready to assist with any other potential theories of liability which … Read More

Partiton Referee Receiver California Law Real Estate Lawyer Attorney

Partition Referees in Real Estate Co-Ownership Disputes

Receivers & Referees in Partition of Real Estate Owned by Tenants in Common and Joint Tenants When in a dispute with a co-owner of a piece of real estate, each co-owner has an absolute right to file an action to partition the property. We have posted a free form complaint to file in a partition … Read More

escrow-holder-third-party-liability-escrow

Escrow Holder Liability to Third Parties – A Simple Framework

What is Escrow? What is an Escrow Account? Escrow disputes may arise in a real estate or business context. One typical area where escrow is used and may be the source of litigation is in the course of a purchase and sale. Escrow disputes are one of many potential issues which may arise in the … Read More

ponzi-scheme-bankruptcy-fraudulent-transfer

Ponzi Scheme Defenses to Fraudulent Transfers in Bankruptcy

Fraudulent Transfers in Bankruptcy – Adversary Proceedings Fraudulent transfers are one type of adversary proceeding in bankruptcy in which the trustee attempts to recover property for the benefit of the creditors of the debtor’s estate. A full discussion on fraudulent transfer actions can be found on our blog post on Fraudulent Transfers in Bankruptcy. In … Read More

debtor's-rights-bankruptcy-exempt-judicial-lien

Bankruptcy Lien Avoidance on Exempt Property for Nondischargeable Debts [11 USC 522(f)(1) & 523(a)]

Debtor’s Rights in Bankruptcy to Avoid Judgment Liens Under Section 522(f)(1) of the Bankruptcy Code Debtors are likely subject to bankruptcy due to their inability to satisfy outstanding obligations to unsatisfied creditors. Bankruptcy affords a debtor protections in furtherance of the bankruptcy code‘s central goal to provide a fresh start to good faith debtors subjected … Read More

discharge-bankruptcy-debtor-creditor-rights-effects

Bankruptcy Discharge – An Effective Guide [11 U.S.C. § 524]

You may have recently received a letter from a trustee in a pending bankruptcy case indicating that the debtor received a discharge in the bankruptcy. You are not alone if you have no idea what this notice of discharge means. Does a notice of discharge mean that all preference (read about the two most heavily … Read More

Piercing the Corporate Veil in California Alter Ego Liability

Piercing the Corporate Veil in California [Alter Ego Liability]

What is the Corporate Veil? The corporate veil essentially refers to the corporate form’s ability to shield shareholder assets from creditors of the business entity. Partners in a general partnership put their personal wealth on the line to cover the partnership obligations. Other business entities, however, limit the business owner’s personal liability for business obligations … Read More

Lis Pendens Expungement California Real Estate Attorney

5 Grounds for Lis Pendens Expungement – An Ultimate Guide

What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. § 405.2. A party who asserts a claim against … Read More

Arbitration Enforcement Agreement Form Template

A Free Guide on How to Enforce Arbitration Agreements

Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, commercial landlord-tenant disputes, real estate fraud cases, business litigation, breach of … Read More

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