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Litigation SECTION: FLP BLOGDOES A JUDGMENT CREDITOR HAVE LIEN ON FRAUDULENTLY TRANSFERRED PROPERTY AFTER THE JUDGMENT DEBTOR FILES BANKRUPTCY? INTRODUCTION As part of enforcing a judgment, many judgment creditors place liens on the judgment debtor’s real and personal property through abstracts of judgment recorded with county recorders offices, notices of judgment lien filed with the [...]
SECTION: FLP NEWSBeware the Third Party Release in Chapter 11! Until the Supreme Court weighs in, the permissibility of third party releases may depend on the scope of the release, the adequacy of the consideration, and the circuit in which the Chapter 11 bankruptcy case is pending. MARC A. LIEBERMAN, ESQ | 7.22.2022 Can a corporation’s [...]

April 21, 2015 Los Angeles, California. California’s Court of Appeal has affirmed a Judgment by Los Angeles Superior Court Judge Steven J. Kleifield entered after a bench trial on Plaintiff Patrick Duff’s claims for legal malpractice, breach …

May 27, 2015, Los Angeles, California. U.S. District Judge Fernando Olguin of the U.S. District Court has granted summary judgment against Plaintiffs Joseph Odish, John Bourbeau and Cranbrook Capital Consulting Group, who had sued Mr. Fredman’s …

On March 2, 2018, FLP’s Marc Lieberman delivers Howard N. Madris Memorial Bankruptcy for Litigators Presentation to the Santa Monica Bar Association with former Chapter 7 trustee John Monte.

On June 12, 2018, FLP’s Alan Forsley presented a program on Chapter 11 Plan Confirmation at the James T. King Bankruptcy American Inn of Court to over 40 bankruptcy attorneys and judges.

On February 21, 2019, FLP’s Alan Forsley presented a continuing legal education program on how the trust settlors, trustees, and beneficiaries as well as trust property are impacted by a bankruptcy filing. Mr. Forsley’s talk was presented …

On January 29, 2020, FLP’s Alan Forsley presented a program at the Beverly Hills Bar Association on the Small Business Reorganization Act which became effective February 2020.

On February 27, 2020, FLP’s Alan Forsley presented a program at the Bankruptcy Inn of Court meeting held at the Jonathan Club, downtown Los Angeles, on the Small Business Reorganization Act which became effective February 2020. In addition to …

As if California real property sellers didn’t have enough to worry about, on July 17, 2015, the Federal District Court in Los Angeles sent a shiver down the spines of sellers when it handed down its order in In re Walldesign, Inc. In Walldesign, Donald Buresh and his wife Karen Philips sold a piece of commercial real estate in 2009 to Michael Bello, the president and sole shareholder of …

A debtor whose discharged is denied or revoked in a Chapter 7 case cannot discharge in a later Chapter 7 case claims incurred before the prior case. 11 U.S.C. §523(a)(10). However, for individuals who qualify for Chapter 13, the denial or revocation of discharge in an earlier Chapter 7 case might not preclude the granting of a so-called “super-discharge” in a later-filed Chapter …

Most lawyers join bar associations for networking, community service and professional development. I joined the Century City Bar Association for a different reason. I had lost an important case and believed the law was unfair as written. I was upset. I knew that California was more focused on statutes than judge-made law and that the BHBA was very active in law reform through the Conference of …

Friday the 13 th (of November) was a very bad day. My Friday began with a report of an Israeli family ambushed on the road south of Hebron, father and son dead, mother and daughter injured in the back of their van, when the Red Crescent ambulance passed by and decided not to stop for Israelis. It ended with the six separate systematic attacks and 129 deaths in Paris. President Obama said it was …

January 23rd was the 46th anniversary of the day I became a member of the California Bar. I had passed the July Bar Exam, was clerking for US District Judge Milton Pollack in Manhattan when I passed, and got permission to be admitted in absentia by any court of record. I asked Judge Pollack to swear me in, in his chambers. “Do you solemnly promise to do whatever it says you’re supposed …

According to the Guidelines for Civility in Litigation in effect in our courts, “Counsel should at all times be civil and courteous in communicating with adversaries, whether in writing or orally.”1 Just how does that compare with the March 3rd Republican Debate? “CRUZ: Breathe, breathe, breathe. TRUMP: Lyin’ Ted. CRUZ: You can do it. You can breathe. I know it’s …

Paul Harvey, a conservative radio broadcaster who passed away in 2009, had a long-running radio show, which included segments called “The Rest of the Story.” Harvey pointed out the unknown and unexpected aspects of familiar subjects. Which made me recall three recent signature BHBA events, and how we learned the rest of the story. For example, Morgan Chu, partner at Irell & Manella …