Force Majeure Letter Requesting Termination of Contract due to Coronavirus Pandemic Are you are trying to get out of your lease or otherwise breach and terminate a contract due to the Coronavirus (COV...
Fraud, Intentional Misrepresentation and Deceit Under California Law
How to Prove Intentional Misrepresentation, Actual Fraud, and Deceit in California What many people believe is a “fraud” may or may not fit within the legal definition of fraud in Californ...
Mejia v. Reed – Fraudulent Transfer Transmutation (Post-Nuptial) Agreements under California Law
Often times, divorcing couples decide to allocate their assets by a stipulated marital settlement agreement (MSA) that provides a property division that may not be entirely equal. Creditors, either th...
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 auto...
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”...
Bankruptcy Trustee Compensation in Chapter 7 & 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 Cha...
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 c...
Non-Dischargeability of Intentional Fraudulent Transfer
When an fraudulent transfer occurs before a debtor files for protection under the United States Bankruptcy Code, creditors must promptly protect their rights to ensure that the bankruptcy does not dis...
Using a Bankruptcy Petition Preparer in the Inland Empire May Be a Mistake
With many Inland Empire residents hitting hard times, bankruptcy petition preparers have offered their services to help debtors file for bankruptcy. Hiring a bankruptcy attorney in the Inland Empire ...
9 Common Financial Mistakes that Could Lead You to Bankruptcy
Americans enjoy the myth that bankruptcy only happens to other people. We have the top 9 REAL reasons that Americans file bankruptcy, and tips on how to avoid these mistakes. The Myth of the Medical B...