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

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

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