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

Sanctions for Violations of the Automatic Stay in Bankruptcy California Attorney

Automatic Stay Violation Sanctions in Bankruptcy [11 U.S.C. 362(k)(1)]

How to Recover Sanctions for Violations of the Automatic Stay in Bankruptcy Many bankruptcy practitioners think an automatic stay violation equals sanctions for every debtor. However, those sanctions are only available to “individuals,” not corporations, limited liability companies (LLCs), and others entities. What is the Automatic Stay in Bankruptcy? Upon the filing of a petition … Read More

New California Homestead Exemption Bankruptcy AB 1885 SB 832 2020

AB 1885 Increased Homestead Exemption Law California [Bankruptcy 2020 SB 832]

AB 1885 Signed by Governor Newsom on September 18, 2020 New California Homestead Exemption Amount (2020) Signed by Governor Gavin Newsom on September 18, 2020, AB 1885 will become effective January 1, 2021. This was noted by Gov. Newsom in an unrelated press release, which provides that: “The Governor also announced today that he has … 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

Fraud, fraudulent, attorney, california

Fraud, Intentional Misrepresentation & Deceit – California Law [Elements Definition]

How to Prove Intentional Misrepresentation, Actual Fraud, and Deceit in California What many people believe is a “fraud” may or may not fit within the legal definition of fraud in California. Understanding exactly what constitutes a “fraud” in consultation with business fraud lawyer will allow you to determine your remedies under California law. Pleading Actual … Read More

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