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Tag Archives: Bankruptcy
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed … Continue reading
Posted in Appellate Law News, Attorney's Fees News, Legal News, Procedural Law News, Sanctions Law News
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Non-Signatories Not Bound By Arbitration Agreement.
After a corporation went into bankruptcy, its short-term creditors brought suit against the corporation’s financial advisor alleging fraudulent misrepresentations. The financial advisor filed a petition to compel arbitration. The trial court denied the petition to compel and the appellate court … Continue reading
Posted in Appellate Law News, Arbitration Law News, Bankruptcy Law News, Contract Law News, Legal News
Tagged 139 Cal.Rptr.3d 702, 204 Cal.App.4th 1365, advisor, Agreement, arbitrate, arbitration, arbitration clause, Bankruptcy, beneficiary, bound, causes of action, compel, contract, Contractual, corporation, corporation’s, creditor beneficiary, creditors, donee, engagement, Epitech Inc., financial, financial advisor, financial advisor's, financing, fraudulent, funding, induced, investor's, Kann, majority shareholders, minority shareholders, misrepresentation, misrepresentations, Non-Signatories, nonsignatory, owed, party beneficiary, petition, petition to compel, petition to compel arbitration, promisee, promisor's, public policy, secured creditors, security interest, short-term, short-term creditors, stock, Suit, Supplier, third-party beneficiaries
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Discharging Student Loans in Bankruptcy Cases
The short story is you cannot discharge student loans. The longer story is that it is dischargeable if it would “impose undue hardship.” Most courts require a strong showing of “undue hardship” before allowing discharge of student loans. “Undue hardship” … Continue reading
As The Pizza Turns. . .
Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed … Continue reading
Posted in Business Law News, Employment Law News, Legal News, Personal Injury Law News
Tagged . Domino’s Pizza, Agreement, area leader, Bankruptcy, employer, Fair Employment and Housing Act, FEHA, franchise, franchisor, Gov. Code §12940, hiring, Inc., LLC, manager, motion for summary judgment, Patterson, sexual harassment, supervision, training
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Mortgage Cram Downs California in Chapter 13 Bankruptcy
You may be able to reduce your mortgage principal on investment or rental property. It does not apply to a home you use as your principal residence. A mortgage cram down allows you to reduce the principal balance of the … Continue reading