Search Results for 'bankruptcy'

Contra Costa Lawyer June 2017 Issue: The Bankruptcy Issue

view online, or download Features Not Eligible to File Bankruptcy? An Analysis of What is Required, by David Arietta Lien Strips Revisited, by Steven Knuppel You Did What to My Claim? Capping a Commercial Landlord’s Attorney’s Fees in Bankruptcy, by Reno Fernandez Mortgage Modifications in Wonderland: Conquering the Red Queen (Mortgage Modification in Chapter 13 […]

Not eligible to file bankruptcy

Not Eligible to File Bankruptcy? An Analysis of What is Required

So what happens if a Chapter 13 debtor runs afoul of either the regular income requirement or the debt limits? The debtor is then faced with either dismissal of the case or the conversion of the case to Chapter 7.

You Did What to my Claim? Capping a Commercial Landlord's Attorney's Fees in Bankruptcy

You Did What to my Claim? Capping a Commercial Landlord’s Attorney’s Fees in Bankruptcy

The court disagreed with the lower courts’ all-or-nothing approach and remanded for further factual findings in apportioning attorney’s fees between termination-related efforts and work unrelated to termination.

Life After Debt: Rebuilding After Bankruptcy

Life After Debt: Rebuilding After Bankruptcy

The good news is that there is life after bankruptcy and it comes around much quicker than many think. The not-so-good news is that rebuilding takes effort and knowing one’s rights.

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Once a company acknowledges it is in financial distress, a fork in the road appears: either 1) seek bankruptcy protection; or 2) try to negotiate a private work-out.

Interview with US Bankruptcy Judge, Hon. Roger Efremsky

Interview with US Bankruptcy Judge, Hon. Roger Efremsky

The Honorable Roger L. Efremsky has served as a United States Bankruptcy Judge for over 10 years in the Northern District of California and is now serving as Chief Judge. The Contra Costa Bar Association is extremely pleased to present the following interview with Judge Efremsky conducted by Mary Ellmann Tang, a board member of […]

How Bulletproof are Spendthrift Trusts in Bankruptcy?

How Bulletproof are Spendthrift Trusts in Bankruptcy?

What is a trust? A trust is a document that places ownership of an asset in a separate entity – also called a trust –for the benefit of the trust’s beneficiaries.[1] The assets are managed by a trustee, who invests and distributes funds according to the trust’s instructions. Often a trust is created by a […]

Bankruptcy: What Goes Up Must Come Down

Bankruptcy: What Goes Up Must Come Down

Just a few years ago I did a presentation to a group of realtors entitled “Bankruptcy, Foreclosures and Shorts Sales: the New Fad.” That would have been about 2008 when the economy started to stutter and the financial markets seized up. Contra Costa County was at the forefront of the volatile real estate market as […]

October 2014 - Litigation/Bankruptcy

October 2014 – Litigation/Bankruptcy

Highlights of the October 2014 Contra Costa Lawyer edition include articles on bankruptcy, the Sham Guaranty Defense, Right to Repair Act, equity stripping and more.

What to Do if Your Civil Litigation Client Files Bankruptcy

What to Do if Your Civil Litigation Client Files Bankruptcy

The answer definitely is not to continue with the litigation as though nothing has changed.

Can the Bankruptcy Judge Sign Your Judgment?

Can the Bankruptcy Judge Sign Your Judgment?

Following a series of recent United States Supreme Court cases, a bankruptcy judge’s authority to make a final, binding decision, reviewable only on appeal, has been placed in doubt.

Recent Developments in Student Loans and Bankruptcy

Recent Developments in Student Loans and Bankruptcy

A debtor with federal loans is more likely to have options, while very little relief is available for private loans. But what can be done where relief is not available through the lender?

Commercial Tenants Who File Bankruptcy

Commercial Tenants Who File Bankruptcy

In the bankruptcy proceeding, the tenant lists the lease as part of his assets. What happens to the lease in the bankruptcy proceeding?

The Bankruptcy Pro Bono Project

The Bankruptcy Pro Bono Project

With no budget and a lot of support from the county’s legal community, it has served the needs of many of the county’s citizens.

June 2012 - Bankruptcy & Real Estate Edition

June 2012 – Bankruptcy & Real Estate Edition

Highlights of the June 2012 Contra Costa Lawyer edition include Keeping A Slice Of The Pie For Yourself: Exempting IRAS, 401KS and 529 Plans – David Arietta; Proprietor Beware: Corporate Refuge Can Ensnare – David Katzen; Family Law Attorneys Beware: Possible Exceptions to the Chapter 7 Bankruptcy Discharge- Marlene Weinstein; Lien Strip Basics And The Evolving Law On “Chapter 20” – Steven Knuppel; To file or not to file: How the timing of the bankruptcy can impact the exclusion of cancellation of indebtedness income – Mark Ericsson; Unintended Consequences of Preliminary Agreements – Roger Brothers, Dominic Signorotti and Ericka Ackeret