Nondischargeability

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

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

Fraudulent Misrepresentation California Example Elements Cases Attorney Lawyer

Fraudulent Misrepresentation in California [Elements Examples Cases Defenses]

Fraudulent Misrepresentation Under California Law Experienced business fraud 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 Fraudulent Misrepresentation in California Under California law, … Read More

Fraud Alleged with Particularity in Federal Court Talkov Law

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

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

debtor's-rights-bankruptcy-exempt-judicial-lien

Bankruptcy Lien Avoidance on Exempt Property for Nondischargeable Debts [11 USC 522(f)(1) & 523(a)]

Debtor’s Rights in Bankruptcy to Avoid Judgment Liens Under Section 522(f)(1) of the Bankruptcy Code Debtors are likely subject to bankruptcy due to their inability to satisfy outstanding obligations to unsatisfied creditors. Bankruptcy affords a debtor protections in furtherance of the bankruptcy code‘s central goal to provide a fresh start to good faith debtors subjected … Read More

Anti-SLAPP attorney

Dischargeability of Debt for “Willful & Malicious Injury” – 11 U.S.C. § 523(a)(6)

No Discharge of Debt Arising From Willful and Malicious Injury Non-Dischargeability under 11 U.S.C. § 523(a)(6) A primary purpose of filing for bankruptcy is to provide the debtor with the opportunity to discharge their debts, thereby obtaining a fresh start. However, not all debts are dischargeable under the United States Bankruptcy Code. One category of … Read More

Non-Dischargeability IIntentional Fraudulent Transfer Bankruptcy California Law Attorney

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

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 Bankruptcy Ivestopedia claims that “66.5% of bankruptcies in the U.S. were due to medical issues like being unable to pay … Read More

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