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
What is Consumer Debt? – Consumer Debt Definition under the Bankruptcy Code Consumer debt is defined in the United State Bankruptcy Code as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). An experienced bankruptcy attorney can help clarify this definition in addition to the guidance provided … Read More
When Are You Responsible For Your Spouse’s Debts? Marriage should be a joyous time of love and unity. The “what’s mine is yours” mentality can apply to almost everything in a marriage, including debt. With consumer debt reaching $14 trillion, it is no wonder that many people are concerned how their financial liabilities will affect … Read More
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
Buying Bankruptcy Homes, Assets, Houses, Real Estate & Property from a Bankruptcy Court Many buyers of real estate know how to purchase a property using a Realtor or at a foreclosure auction, but there is considerable mystery about how to buy homes and other real estate out of bankruptcy. Indeed, a close review of bankruptcy … Read More
Tips to Filing a Motion to Set Aside a Default & Default Judgment in Bankruptcy Court (California, Ninth Circuit).
Termination of the Stay for Serial Filers “With Respect to the Debtor” Under 11 U.S.C. § 362(c)(3)(A) Creates Circuit Split An exception exists under 11 U.S.C. § 362(c)(3)(A) to the automatic stay normally imposed in bankruptcy if another bankruptcy of “the debtor was pending within the preceding 1-year period but was dismissed,…the stay under subsection (a) with … Read More
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
How Does a Bankruptcy Trustee Get Compensated in Chapter 7 and 11? Many bankruptcy creditors, debtors, interested parties and their attorneys in Chapter 7 bankruptcies fail to consider the incentives of the Bankruptcy Code as it relates to the compensation of the Chapter 7 Trustee. Understanding these incentives will help litigants navigate the path of … Read More
With many Inland Empire residents hitting hard times, bankruptcy petition preparers have offered their services to help debtors file for bankruptcy. Hiring a bankruptcy attorney in the Inland Empire may be a much better decision in the long run. Increased Use of Bankruptcy Petition Preparers As reported by the U.S. Courts, there has been an increased use … Read More
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Offices Throughout California
Los Angeles Partition Attorneys
10880 Wilshire Blvd Ste 1101
Los Angeles, CA 90024
Phone: (310) 496-3300
Orange County Partition Attorneys
4000 MacArthur Blvd Ste 655
Newport Beach, CA 92660
Phone: (949) 888-8800
San Jose Partition Attorneys
99 S. Almaden Blvd Suite 600
San Jose, CA 95113
Phone: (408) 777-6800
San Diego Partition Attorneys
11622 El Camino Real Ste 100
San Diego, CA 92130
Phone: (858) 800-3300
San Francisco Partition Attorneys
50 California St, Ste 1500
San Francisco, CA 94111
Phone: (415) 966-3300
Riverside Partition Attorneys
3610 Central Ave, Ste 400
Riverside, CA 92506
Phone: (951) 888-3300
Sacramento Partition Attorneys
500 Capitol Mall, Suite 2350
Sacramento, CA 95814
Phone: (916) 668-3300
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