In March 2017, Liu filed a chapter 13 petition, which indicated that her daughters reconveyed the residence to Liu. Jue then filed a second lawsuit to avoid the transfer as a fraudulent transfer and recorded a lis pendens. Before the writ of attachment was recorded, Liu transferred legal title in her residence to her daughters. Jue obtained a right to attach order and writ of attachment under California law. Vincent Jue sued Maggie Liu in state court, asserting causes of action for breach of a promissory note, fraud, conversion and fraudulent transfer. To read the full published decision, click here. § 109(g)(2) dismissal motion is final and immediately appealable (2) non-statutory, equitable defenses are not available to a recipient of a preferential transfer and (3) a California attachment lien obtained within the 90-day preference period automatically terminates upon the filing of a bankruptcy petition by operation of law. Bankruptcy Appellate Panel of the Ninth Circuit ruled that: (1) an order denying a 11 U.S.C. The following is a case update analyzing a recent case of interest: Summary § 109(g)(2) dismissal motion is final and immediately appealable Trial with testimony and exhibits offered as evidence.Business Law In re Liu – BAP holds order denying a 11 U.S.C. If an answer is filed, the court will hold a Responsive pleading, the bankruptcy court can enter a default judgmentĪgainst the defendant. The complaint, either by filing an answer or a motion (for example, a The summons which must be served within 120 days of filing theĭefendant in the adversary proceeding has an opportunity to respond to The clerk of the bankruptcy courtĪssigns a separate case number to the adversary proceeding and issues To start an adversary procedure, the creditor orĭebtor must file an adversary complaint and pay a filing fee (the fee is Rules apply to adversary proceedings to ensure that issues are tried To learn about creditor challenges to the dischargeability of credit card debt, see Prebankruptcy Credit Card Charges: Legal v. (To learn more about nondischargeable debts, see Debts That Cannot Be Discharged in Bankruptcy. Proceeding within 60 days after the first meeting of creditors. If a creditor contests theĭischarge of a debt based on fraud, or because it believes the debt wasĬaused by a willful and malicious injury, it must file an adversary Adversary Complaints to Challenge the Dischargeability of DebtsĪre most likely to face an adversary complaint if a creditor wants toĬhallenge the dischargeability of a debt. Objection to a claim of exemption are examples of contested matters thatĪre not adversary proceedings. Some disputes are called "contested matters" and are notįiled as separate lawsuits. Not all disputes within the bankruptcy are filed as adversary Married couple a divorce, even when the couple has debts and assets that So, for example, a bankruptcy judge cannot grant a Bankruptcy judgesĬan only rule on issues that are "related to" the bankruptcy (called
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