Chapter 11

Bankruptcy Conversion Dismissal Chapter 7 11 13 California Attorney Lawyer

Dismissals & Conversions in Bankruptcy: Tips & Tricks to Success

Dismissing or Converting a Bankruptcy Case How to Dismiss or Convert a Chapter 7, Chapter 11, & Chapter 13 Bankruptcy Filing for bankruptcy is an incredibly powerful tool to help alleviate debt that cannot be paid. When filing for bankruptcy, it is important that paperwork is filed honestly and in a timely manner, local and … Read More

Preference Defenses Bankruptcy New Value Ordinary Course Attorney Lawyer California Chapter 7 11 13

Contemporaneous Exchange of New Value – Preference Defense in Bankruptcy

Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it … Read More

Preference Defenses Bankruptcy New Value Ordinary Course Attorney Lawyer California Chapter 7 11 13

2 Preference Defenses in Bankruptcy: New Value & Ordinary Course – A Simple Guide to the Popular Defenses

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

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

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