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
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
How the Statute of Frauds Applies to Real Estate in California What is the Statute of Frauds under California Code of Civil Procedure § 1971? The Statute of Frauds is a legal doctrine providing that certain types of contracts are invalid unless they are produced in writing and signed by the party to be charged. … 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).
![Negligent Misrepresentation Elements in California [Defenses Definition CACI]](https://talkovlaw.com/wp-content/uploads/2020/08/Negligent-Misrepresentation-Elements-in-California.jpg)
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
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