Fraudulent Transfers Archives

11 USC 522(o) – Homestead Exemption Limitations in Bankruptcy

November 1, 2021 by Scott Talkov

In bankruptcy, creditors can allege that debtors should lose the part of their homestead exemption that is allegedly “attributable to” an “intent to hinder, delay, or defraud a creditor” under 11 U.S.C. § 522(o). This is particularly important given the recent increase in California’s homestead exemption effective January 1, 2021, which is now as high … 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)]

August 6, 2021July 24, 2021 by Talkov Law

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

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Why Is the Bankruptcy Trustee Continuing the Meeting of Creditors?

July 30, 2021April 29, 2021 by Talkov Law

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

Transferring Exempt Property is Not a Fraudulent Transfer Under California Law

Transferring Exempt Property May Not be a Fraudulent Transfer

July 30, 2021April 19, 2021 by Scott Talkov

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

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Fraud Must be Alleged with Particularity in Federal & Bankruptcy Court [FRCP 9(b)]

January 24, 2022February 3, 2021 by Scott Talkov

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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Fraudulent Transfers – The Ultimate Guide to the California Fraudulent Transfer Act

September 21, 2021January 18, 2021 by Scott Talkov

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

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Ponzi Scheme Defenses to Fraudulent Transfers in Bankruptcy

April 19, 2021January 13, 2021 by Nick Moss

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

July 30, 2021January 11, 2021 by Nick Moss

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

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

January 26, 2022January 1, 2020 by Scott Talkov

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

Non-Dischargeability IIntentional Fraudulent Transfer Bankruptcy California Law Attorney

Non-Dischargeability of Intentional Fraudulent Transfer

February 15, 2021March 27, 2015 by Scott Talkov

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 discharge the debtor’s liability for their fraudulent transfer or the underlying debt.