Transfer of Real Property

Partiton Referee Receiver California Law Real Estate Lawyer Attorney

Partition Referees in Real Estate Co-Ownership Disputes

Receivers & Referees in Partition of Real Estate Owned by Tenants in Common and Joint Tenants When in a dispute with a co-owner of a piece of real estate, each co-owner has an absolute right to file an action to partition the property. We have posted a free form complaint to file in a partition … Read More

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Escrow Holder Liability to Third Parties – A Simple Framework

What is Escrow? What is an Escrow Account? Escrow disputes may arise in a real estate or business context. One typical area where escrow is used and may be the source of litigation is in the course of a purchase and sale. Escrow disputes are one of many potential issues which may arise in the … Read More

ponzi-scheme-bankruptcy-fraudulent-transfer

Ponzi Scheme Defenses to Fraudulent Transfers in Bankruptcy

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 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

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

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

Lis Pendens Expungement California Real Estate Attorney

5 Grounds for Lis Pendens Expungement – A Simple Guide

What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. § 405.2. A party who asserts a claim against … Read More

Bankruptcy Law Attorney California

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

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

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