Fraudulent Transfer

Will a Judgment Lien Attach if there are Prior Interests

Will a Judgment Lien Attach if a Property is Transferred?

Transferring ownership of a property is a common occurrence in the world of real estate, whether it be through a sale, gift, or inheritance. When a property is transferred from one owner to another, it is essential to publicly record the change in ownership through a legally binding document known as a deed. This deed … 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

Mejia v. Reed Fraudulent Transfer Transmutation (Post-Nuptial) Agreements California Law

Mejia v. Reed – Fraudulent Transfer Transmutation (Post-Nuptial) Agreements under California Law

Often times, divorcing couples decide to allocate their assets by a stipulated marital settlement agreement (MSA) that provides a property division that may not be entirely equal. Creditors, either those during the marriage or those post-separation owed only from the assets of one of the spouses may challenge the transaction as a fraudulent transfer, effectively … Read More

Bankruptcy Law Attorney California

Bankruptcy Trustee Must “Recover” Property to Deny Debtor Exemption Under Section 522(g)

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

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