Fraudulent Misrepresentation California Example Elements Cases Attorney Lawyer

Fraudulent Misrepresentation in California [Elements Examples Cases Defenses]

February 23, 2021February 15, 2021 by Scott Talkov

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

February 15, 2021February 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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Bankruptcy Lien Avoidance on Exempted Property is Applicable to Nondischargeable Debts [11 U.S.C. 522(f)(1) & 523(a)]

February 15, 2021January 12, 2021 by Nick Moss

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

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

February 13, 2021August 13, 2020 by Scott Talkov

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

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.

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