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
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
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
What is the Corporate Veil? The corporate veil essentially refers to the corporate form’s ability to shield shareholder assets from creditors of the business entity. Partners in a general partnership put their personal wealth on the line to cover the partnership obligations. Other business entities, however, limit the business owner’s personal liability for business obligations … Read More
Public Figures Bear a Heavy Burden to Show Actual Malice for Defamation in California Many public figures have trouble understanding that they enjoy very limited protection from defamation. Instead, they are required to meet a heavy burden to establish actual malice, which can rarely be proven. “To show actual malice, plaintiffs must demonstrate [that the … Read More
Defamation Defense of Opinion Means that “Rhetorical Hyperbole, Vigorous Epithets, Lusty and Imaginative Expressions of Contempt” are Protected by the First Amendment Many politicians and others in the public eye are bothered by those who express opinions about them that they believe are false. Despite their disappointment, the First Amendment protects rhetorical hyperbole and imaginative … Read More
Affirmative Defenses to Breach of Contract in California Affirmative defenses for breach of contract, also known as particular defenses or performance excuses, are defenses in which evidence is introduced that, if proven by the defendant, will eliminate or mitigate liability for the defendant, even if the defendant is found to have breached the contract. An … Read More
Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, commercial landlord-tenant disputes, real estate fraud cases, business litigation, breach of … Read More
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 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
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