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Latest from Talkov Law Blog - Page 2

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, statutory exclusion from fraudulent transfer claims for property that has no equity beyond an exemption, including transferring a personal residence subject to California’s homestead exemption…
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 owners by alleging that they (accidentally) showed a pay-per-view style boxing or soccer match at their establishment (restaurant, barber shop, or other retail outlet) without…
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, LLP v. Appling, 138 S.Ct. 1752, 1755 (2018). This article provides the analysis of our bankruptcy attorneys in California to apply this law to various…
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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 the public has a First Amendment right to attend all stages of criminal trials and all non-confidential family law proceedings. (See Cal. Fam. Code §…
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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 next, you may decide to file a response, hire a restraining order attorney, or just show up at the hearing. There is no one…
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Complete List of the Most Important Child Custody Laws in California Truth be told, not every California law having to do with child custody regularly comes up in family court. Like any other body of law, California child custody law consists of a handful of highly litigated sections nestled between a whole slew of oft forgotten, rarely disputed rules and codes. Going through all of California child custody jurisprudence to learn what you need to know isn’t feasible for most litigants in a custody battle, but it is important to know which rules and code sections regularly come…
Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in their will or trust, absent the consent of the other spouse. This intersection of family law and trust and estate litigation presents an interesting cross-section of laws. The analysis begins with California Family Code section 760, which provides that: “Except as otherwise provided by statute,…
How to Stop a Fraud Action in California Wrongful allegations of fraud in California are all too common. These allegations can be incredibly inconvenient to defendants, can damage reputations, and can be based on nothing more than a mistake or misunderstanding. As courts have explained, “[f]raud is a serious charge, easy to allege and hard to prove.” In re Doctors Hosp. of Hyde Park, Inc., 308 B.R. 311, 322 (Bankr. N.D. Ill. 2004). Remember, just because you have been charged with fraud does not mean that you can’t defend yourself (and win). If you believe you have been accused of…
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The Section 341 Meeting of Creditors The meeting of creditors, also called a Section 341 meeting in reference to Section 341 of the Bankruptcy Code, is a required meeting for bankruptcy filers conducted by the appointed bankruptcy trustee. The purpose of a 341 meeting is for the trustee (and creditors, if they choose to attend) to review the debtor’s petition and schedule and ask the debtor questions under oath. The debtor must answer all questions honestly and truthfully under penalty of perjury. The meeting of creditors will take place between 21 and 50 after the bankruptcy petition is filed…
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Cori Schumacher, Carlsbad Councilmember, Loses Anti-SLAPP Motion; Court Sides With Talkov Law’s First Amendment Briefing As covered by Volokh Conspiracy and the San Diego Union Tribune, a California court sided with the First Amendment in granting an Anti-SLAPP motion to strike a restraining order petition filed by Carlsbad City Councilwoman Cori Schumacher against three outspoken online critics of the elected official. In agreeing with the arguments of Talkov Law, this ruling confirms that freedom of speech protects blog posts and social media criticism of public officials, despite the hopes of  elected officials to squelch public debate and silence…