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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

Home Mortgage Consumer Debt Bankruptcy In re Kelly 707 Motion to Dismiss Cherrett

Is a Home Mortgage Consumer Debt in Bankruptcy? [In re Kelly]

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

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

Statute of Frauds California Real Estate Attorney Los Angeles Orange County Riverside San Diego

Statute of Frauds in California Real Estate

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

Sanctions for Violations of the Automatic Stay in Bankruptcy 11 U.S.C. 362(k)(1)

Buying Bankruptcy Property – 4 Tips for Investors [Real Estate, Houses]

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

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

Bankruptcy Attorney Riverside

11 U.S.C. § 362(c)(3)(A) – Circuit Split on Whether the Automatic Stay Ends as to Property of the Estate for Repeat Bankruptcy Debtors

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

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