Search Results for 'litigation'

March 2016 - Litigation Edition

March 2016 – Litigation Edition

Highlights of the March Contra Costa Lawyer Litigation edition include articles on discovery sanctions, forensic expert cross-examination, police excessive force cases and more.

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.

Alternative Litigation Funders

Alternative Litigation Funders

Litigation funders also argue that they are like insurance companies, but insurance companies are highly regulated, and funders are not regulated at all. Moreover, insurance companies don’t charge 40 percent a year.

How To: Writs of Attachment in Financial Elder Abuse Litigation

How To: Writs of Attachment in Financial Elder Abuse Litigation

This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.

Lien Strips Revisited

Lien Strips Revisited

At the time of the prior article, the law was unsettled as to whether or not lien strips were available in the Chapter 20 context. Since that time, the Ninth Circuit has weighed in, holding definitively that lien strips are available in Chapter 20…

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.

Mortgage Modifications in Wonderland: Conquering the Red Queen

Mortgage Modifications in Wonderland: Conquering the Red Queen

Streamlining comes in the form of the Mortgage Modification Mediation (“MMM”) Program, which was adopted by the United States Bankruptcy Court for the Northern District of California in August 2015.

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 […]

The Personal Injury Case and the Automatic Stay

The Personal Injury Case and the Automatic Stay

One of the trickiest snares that can spring up in the middle of a personal injury case is a bankruptcy stay. With a bankruptcy filing, all collection activity is stopped and litigation grinds to a halt. If the filer is the plaintiff, the ownership and control of the plaintiff’s action is transferred in an instant […]

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 […]

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

The act of unduly influencing a family member to prematurely take his or her life for ill-gotten gain is extremely serious and the safeguards to protect against such conduct should be both comprehensive and of the utmost strength.

Does an Assisted Suicide Provision Belong in an Estate Plan?

Does an Assisted Suicide Provision Belong in an Estate Plan?

Right or wrong, there is no place for attorneys in the EOLA framework. The EOLA election requires findings by doctors and written statements by the individual at the time of the election.