fraud

Nondischargeability for Fraud Other than a Statement Respecting the Debtor’s Financial Condition

Nondischargeability for Fraud “Other Than a Statement Respecting the Debtor’s Financial Condition” in Bankruptcy [11 USC 523(a)(2)(A) & 523(a)(2)(B)]

Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtor’s or an insider’s financial condition” means that creditors in bankruptcy are barred from claiming … 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

Discovery Rule for Fraud Statute of Limitations in California

Fraud Statute of Limitations California Discovery Rule

The Statute of Limitations for Fraud and the Discovery Rule What constitutes fraud? What is the statute of limitations on fraud? What is an exception to the statute of limitations? What is the discovery rule? These are among a few of the many questions business fraud attorneys frequently get asked. An experienced business attorney helps … Read More

Bankruptcy Fraudulent Transfer Attorney California

Fraudulent Transfers in California Bankruptcy [11 USC 548]

What is a Fraudulent Conveyance / Fraudulent Transfer? When a debtor filed a bankruptcy, an estate is created composed of all of the debtor’s rights in property. Among those rights is the ability to set aside transfers for less than fair market value. Indeed, sometimes debtors who realize they will be filing bankruptcy think it … Read More

Negligent Misrepresentation Elements in California [Defenses Definition CACI]

Negligent Misrepresentation Elements in California [Defenses Definition CACI]

The Ultimate Guide to Bringing and Defeating Negligent Misrepresentation Claims in California Courts It is often said that a cause of action for fraud is easy to allege, but hard to prove. Perhaps the easiest form of fraud to allege is negligent misrepresentation. This makes it perhaps the most common form of fraud alleges by parties in litigation. However, a close … Read More

Mejia v. Reed Fraudulent Transfer Transmutation (Post-Nuptial) Agreements California Law

Mejia v. Reed – Fraudulent Transfer Transmutation (Post-Nuptial) Agreements under California Law

Often times, divorcing couples decide to allocate their assets by a stipulated marital settlement agreement (MSA) that provides a property division that may not be entirely equal. Creditors, either those during the marriage or those post-separation owed only from the assets of one of the spouses may challenge the transaction as a fraudulent transfer, effectively … Read More

Warning: Email Wire Instruction Fraud Scam Hitting Real Estate Industry

Warning to the real estate industry: a widespread real estate fraud is currently underway that could cost you and your client tens, or even hundreds, of thousands of dollars. The Scam The scam is simple: the scammer obtains access to information concerning a pending real estate transaction, using this information to impersonate a party to … Read More

Business Fraud Tort Attorney Lawyer California Riverside

Mortgage Shotgunning and the Priority of Trust Deeds

Mortgage Shotgunning Definition and How to Solve this Real Estate Fraud The article below appeared in the California Real Property Journal, the Official Publication of the Real Property Section of the State Bar of California. Volume 32, Number 2, 2014. Mortgage Shotgunning and the Priority of Trust Deeds (click for PDF) By Scott Talkov This … Read More

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