Transferring Exempt Property May Not be a Fraudulent Transfer Under California Law It is not uncommon for debtors to want to maximize the amount of property they get to keep to avoid creditor collection efforts, especially efforts to collect their personal residence. Generally, the California Uniform Voidable Transactions Act (UVTA) prohibits debtors from transferring ownership … Read More
Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtor’s or an insider’s financial condition” means that creditors in bankruptcy are barred from claiming … Read More
The Bankruptcy Section 341 Meeting of Creditors [11 U.S.C. 341] The meeting of creditors, also called a Section 341 meeting in reference to Section 341 of the Bankruptcy Code, is a required meeting for bankruptcy filers conducted by the appointed bankruptcy trustee. The purpose of a 341 meeting is for the trustee (and creditors, if they … Read More
Fraudulent Misrepresentation Under California Law Experienced business fraud and real estate fraud attorneys in California are regularly called upon to determine whether a case involves actionable fraudulent misrepresentation under California law. To answer this question, it is important to review the elements, examples, cases, and defenses applicable to fraudulent misrepresentation in California courts. Elements of … Read More
Requirements for Alleging Fraud in Federal & Bankruptcy Court Because “fraud is a serious charge, easy to allege and hard to prove” (In re Doctors Hosp. of Hyde Park, Inc., 308 B.R. 311, 322 (Bankr. N.D. Ill. 2004)), Federal Rules of Civil Procedure Rule 9(b) imposes the requirement on plaintiffs to allege fraud with particularity … Read More
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What is a “Fraudulent” Transfer in California? A judgment is merely a piece of paper signed by a court that allows a creditor to take the debtor’s assets or to force a debtor to pay the debt from their income. Some judgment debtors, realizing that judgment collection methods will allow the creditor to take their assets, … Read More
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
Dismissing or Converting a Bankruptcy Case How to Dismiss or Convert a Chapter 7, Chapter 11, & Chapter 13 Bankruptcy Filing for bankruptcy is an incredibly powerful tool to help alleviate debt that cannot be paid. When filing for bankruptcy, it is important that paperwork is filed honestly and in a timely manner, local and … Read More
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
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