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Bankruptcy Exemptions – Can a Court Deny Exemptions After Law v. Siegel?

Limits on Court Authority to Deny Bankruptcy Exemptions When a debtor files for chapter 7 or chapter 11 bankruptcy, the debtor is entitled to certain bankruptcy exemptions which effect creditor’s rights. The exempt property is shielded from the creditors circling around the debtor’s estate for collection of their outstanding loans. One well-known exemption is the … Read More

Arbitration Enforcement Agreement Form Template

A Free Guide on How to Enforce Arbitration Agreements

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, business litigation, breach of contract actions, and business fraud actions. As such, … Read More

Bankruptcy Law Attorney California

Jevic Supreme Court Opinion Declares Priority Skipping Bankruptcy Settlements to be Unlawful, Casting Doubt on Priority-Skipping Bankruptcy Surcharges Under 11 U.S.C. 506(c)

The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c).

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