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Bankruptcy Law

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

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Bankruptcy Exemptions – Can a Court Deny Exemptions After Law v. Siegel?

Limits on Court Authority to Deny Bankruptcy Exemptions When a debtor files for chapter 7 or chapter 11 bankruptcy, the debtor is entitled to certain bankruptcy exemptions which effect creditor’s rights. The exempt property is shielded from the creditors circling around the debtor’s estate for collection of their outstanding loans. One well-known exemption is the … Read More

Bankruptcy Conversion Dismissal Chapter 7 11 13 California Attorney Lawyer

Dismissals & Conversions in Bankruptcy: Tips & Tricks to Success

Dismissing or Converting a Bankruptcy Case How to Dismiss or Convert a Chapter 7, Chapter 11, & Chapter 13 Bankruptcy Filing for bankruptcy is an incredibly powerful tool to help alleviate debt that cannot be paid. When filing for bankruptcy, it is important that paperwork is filed honestly and in a timely manner, local and … Read More

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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

Homestead Exemption in California AB 1885 Real Estate Lawyer Bankruptcy Attorney

Homestead Exemption California: The Ultimate Guide

While many California homeowners have heard of bankruptcy exemptions like the homestead exemption, few understand how this powerful tool can be used to ensure that homeowners stay in their homes, despite creditors, judgments, and even bankruptcies. Below, the experienced California bankruptcy attorneys at Talkov Law provide the tips and tricks to maximize your California homestead … Read More

Homestead Exemption in California AB 1885

How Much Equity Can a Debtor Have in Their Home and Still File for Chapter 7 Bankruptcy?

How Much Home Equity Can a Debtor Exempt in California Bankruptcy? As California bankruptcy attorneys, we are often asked how much equity a debtor can have in their home and still file for Chapter 7 bankruptcy? The answer is simple: anyone can file for bankruptcy, but it may not be wise to if the debtor’s … Read More

Ordinary Course of Business Transfers Preference Defense Bankruptcy Attorney Lawyer California

Ordinary Course of Business Transfers – Preference Defense in Bankruptcy

Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it … Read More

Preference Defenses Bankruptcy New Value Ordinary Course Attorney Lawyer California Chapter 7 11 13

Contemporaneous Exchange of New Value – Preference Defense in Bankruptcy

Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it … Read More

Preference Defenses Bankruptcy New Value Ordinary Course Attorney Lawyer California Chapter 7 11 13

2 Preference Defenses in Bankruptcy: New Value & Ordinary Course – A Simple Guide to the Popular Defenses

What is a Preference in Bankruptcy? The trustee in bankruptcy is incentivized to claw-back any transfers made by the debtor before the bankruptcy petition is filed in order to maximize the trustee’s own compensation. In addition to the trustee’s ability to attack fraudulent conveyances and actions taken by creditors in violation of the automatic stay, … Read More

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