Bankruptcy Law

California Bankruptcy Exemptions Talkov Law

California Bankruptcy Exemptions – 704 vs. 703?

Bankruptcy Exemptions in California Filing for Chapter 7 bankruptcy in California is a powerful tool that can relieve debtors of unsecured debts and provide a fresh start. Many people assume that bankruptcy involves creditors taking all their personal property, especially their home and vehicle. However, California bankruptcy exemptions allow debtors to maintain possession of certain … Read More

Bankruptcy Trustee Objection to Hiring Counsel Talkov Law

Bankruptcy Trustee Application to Employ Counsel Must Show Benefit the Estate [11 USC 327(a)]

Objections to a Bankruptcy Trustee Hiring a Lawyer There is a common myth that an objection to a bankruptcy trustee’s application to employ an attorney (counsel) is only proper if the attorney is not “disinterested,” a concept similar to being conflicted out of the case. In other words, many believe that not having an interest … Read More

Contract Attorneys Fees Bankruptcy Litigation California Code Civil Procedure 1021

Motion for Attorney’s Fees in Bankruptcy Adversary Proceedings Under Contract [California CCP 1021]

While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties … Read More

CCP 704.965 Automatic Homestead Exemption California Declared Homestead Exemption

CCP 704.965 – Automatic Homestead Exemption Defeats Outdated Limits on Declared Homestead Exemption in Bankruptcy

Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked … Read More

Bankruptcy Trustee Continuing 341 Meeting of Creditors Talkov Law

Why Is the Bankruptcy Trustee Continuing the Meeting of Creditors?

Continuances of Meetings of Creditors – What is the Bankruptcy Trustee Investigating? Imagine this: you have filed all necessary bankruptcy paperwork and have attended your mandatory 341 meeting of creditors. You honestly answered all questions that the bankruptcy trustee asked you. Then, you get a notice that your bankruptcy trustee is continuing the meeting of … Read More

Civil Code 789 - Tenancy At Will - Eviction of Unwanted Guests in California

Tenancy At Will California – Eviction of Unwanted Guests – Civil Code 789

A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, … Read More

Transferring Exempt Property is Not a Fraudulent Transfer Under California Law

Transferring Exempt Property May Not be a Fraudulent Transfer

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

Nondischargeability for Fraud Other than a Statement Respecting the Debtor’s Financial Condition

Nondischargeability for Fraud “Other Than a Statement Respecting the Debtor’s Financial Condition” in Bankruptcy [11 USC 523(a)(2)(A) & 523(a)(2)(B)]

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

341 Meeting of Creditors Bankruptcy Attorney California

What Happens During a 341 Meeting of Creditors in Bankruptcy?

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 California Example Elements Cases Attorney Lawyer

Fraudulent Misrepresentation in California [Elements Examples Cases Defenses]

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

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