Creditor’s Rights in Bankruptcy
Creditors, including landlords and other lenders, often find themselves dealing with the ramifications of California bankruptcy laws when their tenants or borrowers file for relief under the bankruptcy code. At JCH Law Firm, we can help bankruptcy creditors understand their legal options in and out of the California bankruptcy process.
No, You Can’t Pay Back/Repay Your Mom (or Dad or Business Partner) Before Filiing Bankruptcy – Bankruptcy Transfers
What’s are problematic bankruptcy transfers? People considering bankruptcy often have assets in excess of the bankruptcy exemption limits. If those assets are cash or cars, I am often asked if they can just transfer title or write a check to a family member. In almost all cases, the answer is no – because that is deemed a fraudulent transfer in bankruptcy. It...
Read MoreI Did Not File Bankruptcy But I got Sued by The Chapter 7 Trustee?! Now What?
Recently, I assisted a company in the service sector that was sued by the Chapter 7 Trustee because of its business dealings with a corporate debtor who had filed a chapter 11 case that was later converted to chapter 7. The trustee was conducting a due diligence search by filing lawsuits against many of the corporate debtor’s vendors, including the company that I assisted. Naturally,...
Read MoreExplaining a Bankruptcy Fraudulent Transfer by California Bankruptcy Attorney Jeffrey Hsu of JCH Law Firm
What’s a bankruptcy fraudulent transfer? Well, it happens when a debtor conceals or transfers away property to avoid claims of executing creditors for purposes of bankruptcy. In bankruptcy, there are 2 types of fraudulent transfer laws: state based under Section 544 and federally based under 548 of the Bankruptcy Code. The state law version has a longer statute of limitations...
Read MoreAre You a Southern California Landlord or Lender in Bankruptcy Who Needs Help?
At JCH Law Firm, I, attorney Jeffrey Hsu, have experience helping creditors through the bankruptcy process. Sometimes, landlords may find that their tenants filed a chapter 7 or chapter 13 bankruptcy to avoid eviction. In some cases, an unlawful detainer has been filed; in other cases, a “UD” has not been filed. In other cases, lenders holding deeds of trust or other...
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