Talkov Law

Debtors Can Still Claim California’s Increased, Automatic Homestead, Despite California Code of Civil Procedure § 704.965 Effective January 1, 2021, the California homestead exemption increased to $300,000 to $600,000 depending upon the median sales price in the county of residence, up from a meager $75,000 to $175,000 the year before. In turn, creditors have looked for ways around this increased homestead exemption by arguing that the debtors should not be permitted to claim the increased…
3 Things to Expect if the Bill & Melinda Gates Divorce Gets Messy For those of us who do not know them personally, the announcement that Microsoft Corp. co-founder Bill Gates and his wife, Melinda Gates, who is co-chair of their philanthropic foundation, are ending their 27-year marriage, is shocking. This picturesque couple landing in the same plight so many average Americans face every day – the end of a marriage – is a harsh reminder…
Continuances of Meetings of Creditors – What is the Bankruptcy Trustee Investigating? Imagine this: you have filed all necessary bankruptcy paperwork and have attended your mandatory 341 meeting of creditors. You honestly answered all questions that the bankruptcy trustee asked you. Then, you get a notice that your bankruptcy trustee is continuing the meeting of creditors. You may be wondering “why? I already answered all of their questions!” This continuation of a 341 meeting of
This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be sold through a partition action in California. Making the decision to sever joint ownership of a property pursuant…
A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, business partner, family member or other closely related person. This article explains the meaning of a tenancy at will, provides…
Transferring Exempt Property May Not be a Fraudulent Transfer Under California Law It is not uncommon for debtors to want to maximize the amount of property they get to keep to avoid creditor collection efforts, especially efforts to collect their personal residence. Generally, the California Uniform Voidable Transactions Act (UVTA) prohibits debtors from transferring ownership of their assets to family, friends, or legal entities so their creditors cannot collect. However, the laws create a specific,…
Boxing, Soccer, & Sports Piracy (Copyright Infringement) Laws May Not Apply to Internet Apps Like DAZN Used to Show Paid Sporting Events in Businesses There May be No Merit to Lawsuits Filed by Thomas P. Riley on Behalf of G & G Closed Circuit Events, LLC, Innovative Sports Management, Inc. DBA Integrated Sports Media, and J & J Sports Productions, Inc. Attorneys like Thomas P. Riley have made a career out of suing small business…
Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtor’s or an insider’s financial condition” means that creditors in bankruptcy are barred from claiming oral misrepresentations that have “a direct relation to or impact on the debtor’s overall financial status.” Lamar, Archer & Cofrin,…
New Dangers of Virtual Domestic Violence Court Hearings Exposed When Astute Prosecutor Calls out Alleged Abuser for Tuning into Zoom Hearing from Victim’s Apartment Whether it is a criminal proceeding for a defendant charged with a crime involving domestic abuse or a hearing in family law court for a domestic violence restraining order, alleged victims and abusers are now testifying remotely, from the “comfort” of their own home. These proceedings are not confidential and…
Why You Should Never Agree to a Restraining Order in California if You Have Kids When you are served with a Request for Domestic Violence Restraining Order (DVRO), a million thoughts go through your head. Depending on the circumstances, you may have known this was coming or you may be completely caught off-guard. You may feel angry, betrayed, confused, or even scared. After the shock wears off and you start considering what you should do…