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Brace & Beyond: Joint Tenancy & Transmutation

By Cathy Moran, Esq. Filed Under: Real property, Strictly California

California joint tenancy

For Californians, the CA Supreme Court’s decision in Brace upended our understanding of joint tenancy and community property. For decades, we “knew” that a property couldn’t be both joint tenancy and community property . Siberell. And for those of us in the 9th Circuit, we “knew” that when married folks acquired property with title taken […]

Filed Under: Real property, Strictly California Tagged With: 2020

Chapter 13 Discharge Expanded by COVID Relief Legislation

By Cathy Moran, Esq. Filed Under: Chapter 13

Chapter 13 discharge

Chapter 13 debtors got a huge “gift” among the COVID relief provisions of the Consolidated Appropriations Act of 2021, signed December 27, 2020 by the president. Debtors may get a full -compliance discharge of dischargeable debts if they have a residential mortgage and have not made all the payments required by their plan. See the […]

Filed Under: Chapter 13 Tagged With: 2020, COVID

New California Homestead in Action

By Cathy Moran, Esq. Filed Under: Exemptions, Strictly California

homestead exemption

The California homestead just changed, for the better, but it raised questions about how the single change affected the rest of the law. The newly enacted version of California Code of Civil Procedure 704.730 replaces the previous homestead system that pegged the amount of the available homestead to family relationships, including marriage, to age, or […]

Filed Under: Exemptions, Strictly California Tagged With: 2020, exemptions

Assessing the Ailing Business Post Pandemic

By Cathy Moran, Esq. Filed Under: Business bankruptcy

virus damaged business

Long after the human patients recover from the coronavirus, small businesses will still be ailing. And long nights will be spent deciding whether to try to stay in business. As bankruptcy lawyers, we’re going to see people in pain trying to assess what to do next. Business owners may see the exit heading through the […]

Filed Under: Business bankruptcy Tagged With: 2020

Taxing Questions in Bankruptcy’s New Subchapter V

By Steven Walker Filed Under: Bankruptcy Practice, Tax

SBRA tax questions

With the enactment of the Small Business Reorganization Act, Chapter 11 is expected to become more accessible and economic for business debtors with debts below the limits. For bankruptcy lawyers taking their first venture into Chapter 11, knowledge of the tax issues in reorganizations becomes critical. So, I’m happy to have attorney Steven Walker of […]

Filed Under: Bankruptcy Practice, Tax Tagged With: 2020

Coronavirus & The Law

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

covid-19 resources

In the face of pandemic and economic stasis,  information is both vital and fleeting. I’m going to collect here links to sources of information  useful to consumer lawyers as I find them. As always, check the dates on the linked resources, as I fully expect change, and more change as we work our way through […]

Filed Under: Bankruptcy Practice Tagged With: 2020

Mortgage Matters In Times Of COVID-19

By Bob Schuman Filed Under: Bankruptcy Practice

mortgage

Is it 2008 again? For us in the mortgage industry, we woke up this week feeling as if during the night, we were transported back to 2008 when the mortgage industry basically collapsed. Then, Fannie Mae, Freddie Mac, and the FHA were the exceptions. As of March 25, 2020, like everything else, the world of […]

Filed Under: Bankruptcy Practice Tagged With: 2020

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