Talkov Law Blog

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

California Evidence Code 662 Requires Clear and Convincing Evidence to Claim Real Property Ownership Contrary to Record Title

California Evidence Code Section 662 Clear and Convincing Evidence Standard California Evidence Code Section 662 is a fundamental rule of California real estate law that prevents record owners from being subjected to meritless claims by others claiming to the equitable owner. “According to the ”form of title’ presumption, the description in a deed as to … Read More

Super Lawyers

Scott Talkov Selected by Super Lawyers as a Rising Star for Eighth Consecutive Year

Scott Talkov of Talkov Law has been selected to the 2020 Southern California Super Lawyers’ Rising Stars list. Receiving this award for the first time in 2013 as a fourth year attorney, this represents the eighth consecutive year that Scott has been selected for this honor. The 2020 list includes only three real estate attorneys … Read More

Bankruptcy Attorney Riverside

11 U.S.C. § 362(c)(3)(A) – Circuit Split on Whether the Automatic Stay Ends as to Property of the Estate for Repeat Bankruptcy Debtors

Termination of the Stay for Serial Filers “With Respect to the Debtor” Under 11 U.S.C. § 362(c)(3)(A) Creates Circuit Split An exception exists under 11 U.S.C. § 362(c)(3)(A) to the automatic stay normally imposed in bankruptcy if another bankruptcy of “the debtor was pending within the preceding 1-year period but was dismissed,…the stay under subsection (a) with … Read More

Breach of Contract Attorney California

Beware: CCP § 664.6 Settlement Must be Attached to Request for Dismissal Form for Court to Retain Jurisdiction

Mesa RHF Partners, L.P. v. City of L.A. (2019) 33 Cal.App.5th 913 Sets Forth Strict Requirements for Court to Retain Jurisdiction Under CCP § 664.6 Attorneys commonly believe that settlements calling for the court to retain jurisdiction automatically do so. However, strict compliance with Code of Civil Procedure § 664.6 is required for court to … Read More

Alter-Ego California Law Piercing Corporate Veil Attorney

Alter-Ego Liability for Commingling Under California Law

Piercing the Corporate Veil Under California Law Requires More than a Common Quickbooks Account Many California corporations and limited liability companies have only one owner, principal, shareholder or member. When creditors are unable to be paid from the entity, they often seek satisfaction of their claim from the owner, and often can find evidence of … Read More

divorce sale property california attorney lawyer family custody riverside house

How to Sell Real Property in California Divorce

California Family Law Attorney Provides Inland Empire Divorcing Couples with Free Template Sample Agreement for the Sale of Community Real Property.

Bankruptcy Law Attorney California

Bankruptcy Trustee Must “Recover” Property to Deny Debtor Exemption Under Section 522(g)

Bankruptcy trustees sometimes seek to create value for their bankruptcy estates at the expense of debtors by seeking to deny a bankruptcy exemption by claiming that the trustee “recovered” property of the estate. However, whether the Trustee can make such a claim depends on the facts of the case. The Bankruptcy Code, 11 U.S.C. § … Read More

Bankruptcy Trustee Compensation in Chapter 7 and Chapter 11 Talkov Law

Bankruptcy Trustee Compensation in Chapter 7 & 11

How Does a Bankruptcy Trustee Get Compensated in Chapter 7 and 11? Many bankruptcy creditors, debtors, interested parties and their attorneys in Chapter 7 bankruptcies fail to consider the incentives of the Bankruptcy Code as it relates to the compensation of the Chapter 7 Trustee. Understanding these incentives will help litigants navigate the path of … Read More

Bankruptcy Law Attorney California

Jevic Supreme Court Opinion Declares Priority Skipping Bankruptcy Settlements to be Unlawful, Casting Doubt on Priority-Skipping Bankruptcy Surcharges Under 11 U.S.C. 506(c)

The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c).

Eviction Notice Landlord Tenant Unlawful Detainer Law

Amended Unlawful Detainer Complaint Cannot Allege a Post-Filing Three-Day Notice to Quit

[vc_row][vc_column][vc_custom_heading text=”Unlawful Detainer Laws Can be Strictly Enforced Against the Landlord ” font_container=”tag:h3|text_align:left”][vc_column_text]Unlawful detainer law is filled with pitfalls for the unwary. For example, if the landlord realizes after the unlawful detainer complaint has been filed that its three day notice is invalid, can it simply serve a new three day notice, then amend its … Read More

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