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Does the Bankruptcy of a Guarantor Extinguish the Guaranty of Future Business Debts? Perhaps Not!

June 29, 2020 | Categories: Firm News, Publications | Topics:Tags: , ,

The scenario is unusual but is becoming increasingly more common. A business enters into a credit agreement with a creditor to purchase goods or services. The creditor requires that one or more of the principals of the business provides a personal guaranty of the obligations of the business. The guarantors then file personal bankruptcy but […]

California Court Allows Debtor to Create Exemption with Non-Exempt Assets

January 2, 2020 | Categories: Firm News, Publications | Topics:Tags: , , ,

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 […]

SCOTUS Reasons “Fair Ground of Doubt” Strikes a Balance

October 22, 2019 | Categories: Firm News, Publications | Topics:Tags: , ,

Under a recent United States Supreme Court ruling, creditors could be subject to sanctions if there is no “fair ground of doubt” as to the actions violating a debtor’s bankruptcy discharge. In Taggart v. Lorenzen, 139 S.Ct. 1795, 204 L.Ed.2d (2019), the Supreme Court held that the appropriate standard for finding civil contempt is whether […]

Eric von Helms Gets ABC-Certified

October 22, 2018 | Categories: Firm News | Topics:Tags: , ,

Attorney Eric R. von Helms, of Kohner, Mann & Kailas, S.C. (KMK), was recently certified as a Business Bankruptcy Specialist by the American Board of Certification (ABC). His certification is based on meeting the ABC’s rigorous standards, including a day-long exam, strict continuing legal education requirements, a comprehensive peer review from fellow practitioners and adverse […]



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