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Vol 14, Num 4 l August 2016

Technology and Intellectual Property

► In This Issue:

In re Perl is a case that may have significant ramifications, which has drawn the following articles by Jesse Valdez, Esq., who examines why the Court reached the correct decision, and by Shannon Doyle, Esq., who argues that the decision missed the mark.

Opposing Views — 9th Circuit Changes California Law on Equitable Possessory Interests

ABI

Shannon Doyle, Esq.
Virtual Bankruptcy
Assistant
Long Beach, Calif.

The law of evictions, known as “unlawful detainer” dates back as far as the Forcible Entry Act of 1381, which prohibited a land owner from personally retaking possession of his or her real property from a tenant. This law remains an important concept in modern eviction statutes. When the unlawful detainer court issues a judgment for possession, it is coupled with a writ of possession. The writ of possession is delivered to the sheriff and provides the authority for the sheriff to execute the judgment and forcibly remove the tenants from the property, otherwise known as a “lockout.” So what happens when you add a bankruptcy to the eviction process? » Read More

Opposing Views — Ninth Circuit Clarifies California Law on Equitable Possessory Interests

ABI

Jesse Valdez
Valdez Lehman, PLLC

In 2016, Eden Place LLC v. Perl (In re Perl), the Ninth Circuit Court of Appeals made it clear that under California law, the entry of a judgment and writ of possession after a wrongful detainer extinguishes all of the debtor’s legal and equitable rights in real property, as a result of which a post-petition eviction did not violate the stay. This decision reverses a lower court decision that had stood since 2005, which previously held that a debtor’s retention of actual possession meant that he had some equitable rights in the property to make it part of his bankruptcy estate. While the holding itself is significant, the court’s decision has potentially far-reaching consequences, as the Court did not limit its decision to the facts of the case, thus, leaving the issue open as to how far the decision applies beyond foreclosed homeowners.  » Read More

New Materials Available Online — Fashionable Trends in Consumer Fraud

Fraudulent conveyance litigation is a fairly common occurrence in chapter 7 cases. While mostly prevalent in business cases, fraudulent conveyance litigation does play a part in consumer bankruptcies. Fraudulent conveyances traditionally are not considered “fraud” as most people understand that term, however from a legal perspective fraudulent conveyances consist of many of the characteristics of fraud that lawyers are familiar with. Terms and phrases like “intent to hinder, delay or defraud creditors” or the “badges of fraud” are common elements and characteristics of fraudulent conveyances.

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