What is the period of time which a trustee can deem something a preference or fraudulent conveyance?

A preference is one year from filing date when it involves an insider. A fraudulent conveyance can be set aside up to 4 years because the trustee...

I am single, have five properties. 1 was recently foreclosed on. I have another at risk & 1 is lease optioned. Is BK for me?

No attorney can answer your question properly because it is too broad and you do not give enough information. For example, if you have substantial...

After completing chapter13 plan, can you still file chapter7 if need-be for special cirumstances?

A Chapter 7 would not protect you from the mortgage which is a secured debt. You can stop the sale of your home by filing a Chapter 7 if eligible...

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If a constructively fraudulent transfer was made over a year before Ch 7 bankruptcy was filed, why is that transfer reversible?

The trustee can use the Calif. Fraudulent Conveyance Act and set aside transfers up to 4 years ago if the trustee can prove fraudulent intent. Such...

Found money after bankruptcy discharge (re-post from Probat section)

The amount is small and most likely exempt anyway. However, the problem is that property not reported in the petition remains in the bankruptcy...

Is a repayment of a shareholder loan a fraudulent conveyance in a corporate bankruptcy?

The basic question is whether the corporation should file a bankruptcy case at all. If it does, then it certainly appears that the payment to you...

Considering chapter7 bankruptcy, questions on 2nd loan/heloc here in CA

You cannot "strip off" second loans (HELOC) unless the value of your home is less than $700,000 and that is possible only in Chapter 13. Assuming...

How do I respond to a summons for credit card debt?

If you answer it is very likely that the creditor will offer you a deal to make payments for a certain amount (less than the total owed for the...

Can EDD be stopped from stong arming people about getting their money back?

You did have the right to a hearing and supposedly either did not request one or lost at the hearing. If so, then you do owe the money and, unlike...

If an Abstract of Judgment is filed in the County Recorders Office it will remain a lien on your house and any other real property in your name for...