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Will the Court Find that Your House is Community Property of Separate Property Based on the Presumptions from In re Brace (California Bankruptcy and Family Law Court)? In re Brace (2020) California Supreme Court, July 23, 2020 – Case No. S252473 The California Supreme Court has come down with a new published opinion purporting to help family law litigants and bankruptcy litigants alike, answer the question: is the house community or separate property? Many married…
If you just received a letter in the mail from Thomas P. Riley, you may be wondering: Who is this guy, and why is he exaggerating or making false allegations that my business illegally displayed a boxing match available on pay-per-view or a streaming service? Well, you’re not alone! In just the Central District of California, covering Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County, Santa Barbara County and San…
The Tricks and Tips to Proving Self-Employed Income for Spousal Support (Alimony) and Child Support That Your Ex Doesn’t Want You To Know Walking into a family law courtroom and swearing up and down that your ex-spouse or parent of your child makes more money than he/she claims is easy enough; but I have yet to see a court order that reads: “Party A shall pay Amount X to Party B as and for support…
Free Calculator to Determine the Bankruptcy Trustee’s Fee in a Chapter 7 and Chapter 11 Bankruptcy Bankruptcy trustee compensation in Chapter 7 & 11 is fixed by many courts according to a specific statutory formula. The way that the formulate works is that the more the bankruptcy trustee distributes to creditors, the more money the trustee generally makes. Specifically, the compensation of a trustee in a Chapter 7 bankruptcy or Chapter 11 bankruptcy is defined…
How to Avoid the Sale of Your Property By a Chapter 7 Trustee It may come as a surprise to many involved in bankruptcy that the Chapter 7 Trustee is in control of all assets of the bankruptcy estate. That estate include “all legal or equitable interests of the debtor in property as of the commencement of the case” as well as any community property of the debtor and their spouse (or even their ex-spouse…
Can California Family Courts Impute Income to a Parent or Spouse in Calculating Support? California courts have long asserted the power to impute income to supporting spouses and parents based on ability to earn income, as distinct from actual income. The first mention of the idea in the California reported decisions appeared at the very beginning of the Grant administration. (See Eidenmuller v. Eidenmuller (1869) 37 Cal. 364, 366). Modernly, court allow family law attorneys
How to Write a Lease Termination Letter Early Lease Termination Due to Coronavirus Pandemic, Force Majeure, Frustration of Purpose, Impracticability of Performance, Impossibility of Performance Are you a tenant are trying to terminate your lease without breaching a contract due to interruptions related to the Coronavirus (COVID-19) pandemic? Luckily, the Coronavirus pandemic has created a unique situation that is likely to be deemed by courts to be a force majeure (sometimes known as an act…
California Evidence Code Section 940 [Fifth Amendment] Application in Family Law Cases The general rule in California, Code of Civil Procedure, Section 2016(b), is that information “not privileged, which is relevant to the subject matter involved in the pending action” is discoverable. California Evidence Code Section 940, however, is a fundamental rule of California evidence law that prevents self-incriminating information from discovery. According to the California Appellate Court, “courts have construed this principle to permit…
Family law may be one of the more “user friendly” areas of law in California, but it can still be filled with pitfalls for the unwary. For example, litigants can amend pleadings freely under certain circumstances, and have to request “leave of court” (i.e. file a Request) in others. California Code of Civil Procedure, Section 472(a): A party may amend its pleading once without leave of the court at any time before the answer, demurrer,…
The Community is Entitled to Reimbursement in Divorce for Funds Used to Pay Separate Property Student Loan Debt During Marriage [Family Code § 2641] In the California Appellate Court’s 2020 partially-published opinion of Mullonkal & Kodiyamplakkil (certified for partial publication on June 29, 2020), the Third District reversed a Placer County trial court’s denial of reimbursement to the community under Family Code § 2641 for funds used to pay off a spouse’s educational loans incurred…