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Appeals/Post-Trial Matters Business Law Estate Planning Legal Topics Litigation Strategy New Legal Developments

Dead Man Balking: Writ of Execution Doesn’t Work After Debtor’s Death

thinkstockphotos-501575596Updated 5/22/18: In County Line Holdings, LLC v McClanahan (May 2, 2018, B2778790) 2018 Cal App Lexis 392, the court held that a creditor could enforce a previously recorded judgment lien on a deceased debtor’s property more than 1 year after the debtor’s death.

So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right?

Categories
Civil Litigation Employment Law Legal Topics

How to Garnish Wages in California

thinkstockphotos-496583342You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down.

Categories
Bankruptcy Law Estate Planning Legal Topics

Home Sweet Homestead

Updated 3/14/16: On remand, the bankruptcy court ordered the property turned over to the trustee. The bankruptcy court denied the homestead exemption on an alternative basis, and the bankruptcy appellate panel affirmed in Elliott v Weil (In re Elliott) (BAP 9th Cir 2016) 544 BR 421.

Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy?

Categories
Checklists Civil Litigation Legal Topics New Lawyers

What to Check Before You Collect

checklist_166429067A debt collection case comes your way, but should you take it?

Categories
Checklists Civil Litigation Legal Topics

What Is a Debtor to Do When Judgment Day Comes?

debt_146748615After a money judgment has been entered against him or her, what can a debtor (or debtor’s attorney) do?

Categories
Bankruptcy Law Legal Topics

To File or Not to File? Ten Things to Consider Before Advising Your Client to File for Bankruptcy Protection

Many attorneys, from business transactional specialists to family lawyers, are asked by their individual clients, “Should I file for bankruptcy?” This is not an easy question to answer, and is best responded to after analyzing many facts and issues. In fact, to answer it well, you’ll need to ask some questions of your own to determine the appropriateness of bankruptcy and the type of bankruptcy case to file.