California Court Allows Debtor to Create Exemption with Non-Exempt Assets
January 2, 2020 | Categories: Firm News, Publications | Topics:Tags: Bankruptcy, Creditors Rights, Eric R. von Helms, Exemption
Homestead exemption laws can be used by debtors to shield real property assets from collection by creditors. A recent federal district court decision held that such exemptions take priority over fraudulent transfer laws where the exemptions and the fraudulent transfer laws may conflict. In Hinds & Shankman, LLP v. Lapides, 2019 WL 4955148, 67 […]
A New Boost for the Rights of Creditors: Court Rules Third Party Litigation Expenses May Be Recovered as Contract Damages
April 3, 2018 | Categories: Firm News, Publications | Topics:Tags: Creditors Rights, Rights of Creditors, Wisconsin Court of Appeals, Zach S. Whitney
Unless a statute or contract provides otherwise, a party to a lawsuit is responsible for its own litigation expenses, including attorneys’ fees. This is known as the “American rule.” It contrasts with the “English rule,” under which the losing party pays the prevailing party’s costs and attorneys’ fees. As its name suggests, the American rule […]
