In the recent N.J. Appellate Division opinion of UJB v. Kensey, the court held that typically, a bank does not have a fiduciary relationship with a customer that requires the bank to disclose information within its files, such as an appraisal, concerning the financial viability of the transactions their potential loan customers are about to [...]
Yes, in chapter 13. In chapter 7, an individual debtor will be discharged from liability for fraud unless prompt action is taken in the bankruptcy case. The deadline to file a complaint to determine the dischargeability of a debt is 60 days after the date first set for the meeting of creditors.
In chapter 11 cases, the largest unsecured creditors are invited by the United States Trustee to serve on a committee, which is sometimes known as the “OCC” (for “Official Creditor’s Committee”). The function of the committee is to investigate the affairs of the debtor, assist in formulating a plan, and to take positions on all [...]
All debtors in bankruptcy are required to attend a meeting of creditors and submit to questioning under oath by creditors and by the bankruptcy trustee or United States Trustee. Questioning at the meeting of creditors may not concern the specifics of a particular claim, only the financial affairs of the debtor, in particular the nature [...]
The form notices mailed to creditors at the start of a bankruptcy case by the Clerk of the Court in the Southern District of California instruct creditors not to file proofs of claim unless instructed by the Clerk in a later notice. The purpose of this is to avoid the expense and inconvenience to creditors [...]
Chapter 7 is sometimes referred to as “straight bankruptcy.” The debtor files a bankruptcy petition, hands over non-exempt assets to the bankruptcy trustee, and receives a discharge. The availability of liberal exemptions to debtors who are individual persons means that almost all consumer chapter 7 cases are “no asset” cases.
The Bankruptcy Code provides that an involuntary petition may be filed against a debtor that is “not generally paying its debts as such debts become due.” In the case of a debtor with twelve or more creditors, at least three creditors must join in the petition. The alleged debtor may oppose the petition and if [...]
That depends on several things. If a creditor’s claim arises from a contract entered into in connection with the debtor’s trade, business or profession, a court can issue a prejudgment right to attach order. The order can be obtained on an emergency basis, and under rare circumstances without notice to the debtor.
The filing of a bankruptcy petition operates as an automatic stay, which is the equivalent of an order of the bankruptcy court that parties stop collection efforts against the debtor. Parties must stop prosecuting all pending lawsuits against the debtor until the bankruptcy court grants permission to proceed (permission to continue actions against the debtor [...]
In San Diego County Superior Court, over 90% of lawsuits are disposed of by dismissal or judgment within one year after the date on which the case is commenced. The time to trial will typically be a bit longer in the federal courts. Our district suffers from a lack of judges and facilities to dispose [...]