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Bankruptcy Series

Creditor-Side Bankruptcy and Real Estate Law

The attorneys at Brewer Offord & Pedersen LLP have handled many collection disputes. Our current influx of calls pertaining to these types of matters has inspired us to put together a “Bankruptcy Series” consisting of insightful blogs written by our seasoned attorneys.  We hope you find this “Bankruptcy Series” of blogs helpful. As always, if you think you may have a real estate legal matter and are seeking legal representation, don’t hesitate to contact our office at (650) 327- 2900 x 10 or to learn more about our legal practice, visit us on the web at www.BrewerFirm.com.

 

By: Julia M. Wei, Esq. (Click image for bio)

CREDITORS BEWARE – How Bankruptcy Affects Your Bank Account Levies.

Creditor Levies on Debtor’s Bank Account but the Debtor Files Bankruptcy Before the Sheriff Turns Over the Money to the Creditor. Who Gets the Money?

Collect Access, LLC (“Collect”) sought to enforce a judgment against Jose J. Hernandez and instructed the Sheriff to conduct a bank levy on the judgment-debtor’s bank account. The sheriff did so and seized $712.39 from the Debtor’s Wells Fargo bank account. Three days later…

 

By: Henry Chuang, Esq.  (Click image for bio)

Bankruptcy Basics, Part I

In the past several months, I have had numerous private lender clients come to our office and ask me how they should proceed after receiving a notice of bankruptcy from a borrower.  In this article, I will summarize some of the basic bankruptcy terms from the perspective of creditors and …

Bankruptcy Basics, Part II

Previously I wrote about the basic bankruptcy terms.  This article  covers more advance topics related to creditors in bankruptcy and protecting their interests.

Proof of Claim:

A proof of claim is exactly as the name suggests, it is a document that a creditor fills out and files with the bankruptcy court to prove that…

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Out of Contract? Not So Fast…

by Adam Pedersen, Esq. on August 28, 2018

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

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by Lorena Roel, Esq. on September 20, 2018

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Real Estate Contracts & Transactions

Can A Buyer Back Out of a Non-Contingent Offer?

by Simon Offord, Esq. on October 2, 2018

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]