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Tag Archives: real estate
Failure to Pay Dividend Led to Chapter 13 Case Dismissal
The Failure To Pay The Promised Dividend To Unsecured Creditors Was Ruled Grounds For Dismissal Of A Chapter 13 Case, Even If The Debtor Makes All Monthly Plan Payments.
In the recent opinion issued in Schlegel v. Billingslea (In Re Schlegel), 14 C.D.O.S. 3166 (March 31, 2015), the United States Bankruptcy Appellate Panel of the Ninth Circuit addressed for the first time whether a Chapter 13 case with a confirmed plan may be dismissed for the debtors’ failure to pay the approved percentage dividend to unsecured nonpriority creditors during the applicable commitment period, even though the debtors otherwise made all monthly payments due under the confirmed plan. Continue reading
Negotiations Resolved Lien Priority Dispute
Our Negotiation Techniques Resolve Lien Priority Dispute Before Complaint Served
We recently settled a lien priority dispute that resulted in the recovery of several hundred thousand dollars for our client, consisting of 100% of all principal, interest and attorneys’ fees due her. Continue reading
Negotiating Commercial Real Estate for Your Small Business
Business Location notes from a San Francisco & Oakland Commercial Attorney
If you’re starting up or expanding a small business, you may need to buy or rent storefront property or other commercial space. This can be exciting, but it can also necessitate the services of a commercial real estate attorney. Here are a few tips for choosing the right commercial space for your small San Francisco or Oakland, Bay Area business:
Recent Changes To Anti-Deficiency Statutes
Recent Changes To Anti-Deficiency Statutes
In July 2013, Governor Jerry Brown signed into law Senate Bill 426, which amends and broadens anti-deficiency protections of California Code Of Civil Procedure § 580b and 580d. In its existing form, CCP 580b prohibits a deficiency judgment following any nonjudicial foreclosure under a deed of trust securing either (1) a purchase money loan, (2) the refinancing of a purchase money loan with no advances of principal, or (3) a seller-financed loan. While prohibiting entry of a deficiency judgment, CCP 580b in its current form does not Continue reading
Preservation Of Real Property
We had the privilege of representing an LLC and several of its members in a civil action filed by other LLC members who sought to dissolve the LLC and force the sale of over ten pieces of commercial and residential real property located in the Bay Area. In this heavily litigated matter involving numerous depositions and several motions and court hearings, we were able to reach a favorable settlement following mediation wherein we were able to preserve the existence of the LLC for our clients and preserve the majority of the real property for the LLC.