We Are Gupta Evans & Ayres
Building partnerships and supporting our fellow lawyers in areas of Bankruptcy, Corporate Litigation, and Real Estate Law.
I came to Ajay with a complicated and stressful real estate case. I interacted closely with several lawyers during the course of this case, and I was exposed to a range of people in the legal profession. It was very apparent to me that Ajay and his team are at the better end of the spectrum, representing their profession with the utmost integrity.
-Nicole A., San Angelo, TX
Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part III
/in All Blog Posts, Bankruptcy/by Dylan ContrerasThis is a three-part article that explores whether private student loans are excepted from discharge under Section 523 (a)(8) of the Bankruptcy Code. Section 523 (a)(8) includes three categories of non-dischargeable student loan debt. Part I of the blog article discussed Section 523 (a)(8)(A)(i) and can be accessed here. Part II of the blog article […]
Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part II
/in All Blog Posts, Bankruptcy/by Dylan ContrerasThis is a three-part article that explores whether private student loans are excepted from discharge under Section 523 (a)(8) of the Bankruptcy Code. Section 523 (a)(8) includes three categories of non-dischargeable student loan debt. Part I of the blog article discussed Section 523 (a)(8)(A)(i) and can be accessed here. This is Part II of the […]
Are Private Student Loans Dischargeable in Bankruptcy Court? An In-Depth Examination of Each Sub-Section of Section 523 (a)(8) of the Bankruptcy Code—Part I
/in All Blog Posts, Bankruptcy/by Dylan ContrerasIn the United States, student loans have exceeded $1.6 trillion, making student loans a central focus amongst Chapter 7 and 13 debtors. Student loans facilitated or guaranteed by the U.S. government or a non-profit institution are non-dischargeable in bankruptcy court, pursuant to Section 523 (a)(8) of the Bankruptcy Code. A non-dischargeable debt means that the […]
Prior Publication Does Not Always Bar Trade Secret Protection
/in All Blog Posts/by John AhnDoes a published algorithm bar trade secret protection of that algorithm? The answer is not as simple as it seems. Earlier this year, the Federal Circuit in Masimo Corp. held that the prior publication by a third party of trade secret information does not bar trade secret information. Masimo Corp. v. True Wearables, Inc., No. […]
California Supreme Court Says Lenders Owe No Duty of Care in Loan Modification Negotiations
/in All Blog Posts/by Jake AyresThe 2008 financial and foreclosure crisis—in addition to immiserating a generation of homeowners—led to an explosion in litigation against lenders and loan servicers by aggrieved owners. Because of the volume of these cases and the diversity of approaches by the plaintiffs, a split of authority between the various Districts of the California Court of Appeal […]
Which State’s Law Governs? Domesticating Out-of-State Judgments in California
/in All Blog Posts/by John AhnI ran into an interesting legal question regarding the collection of out-of-state judgments: when an out-of-state judgement is domesticated in California, which state’s law controls? Let’s say a creditor secured a judgment against one spouse outside of California in another community property state, but that state’s community property laws prevented the married couple’s community property from being encumbered by the judgment. The rub is that the couple also own property in California. Can the creditor secure a lien against the California property by domesticating the judgment in California?
When is a Broker Entitled to his Commission Fee – An Examination of the ‘Procuring Cause’ Requirement in California
/in All Blog Posts, Corporate Litigation, Real Estate/by Dylan ContrerasMost, if not all, California real estate brokers (and agents) earn a living by helping people buy and sell homes. Brokers are often paid on a commission basis, usually 2%-3% of the sales price, and do not enjoy the luxury of a steady, bi-weekly paycheck. Given the “feast or famine” nature of the industry, brokers often find themselves in a commission fee dispute with another broker or their client.
Standing to Sue: Possession vs. Ownership of Trade Secrets
/in All Blog Posts, Corporate Litigation/by John AhnTrade secrets encompass a unique area of intellectual property law that where protection is granted without any formal filings. Unlike patents, trademarks, and copyrights, which generally require filing an application with a government office, trade secrets are protected via—you guessed it—secrecy.
Debtor’s Motion to Dismiss v. Creditor’s Motion to Convert In Chapter 13—The 9th Circuit’s Ruling in In Re Nichols
/in All Blog Posts, Bankruptcy, Corporate Litigation/by Dylan ContrerasOn September 1, 2021, the Ninth Circuit issued its ruling in the case of In Re Nichols. The Circuit Court held that a debtor has an absolute right—without exception—to dismiss his Chapter 13 bankruptcy case under Section 1307 (b) of the Bankruptcy Code. In reaching its holding, the Ninth Circuit departed from an established precedent that when the bankruptcy court is confronted with a debtor’s motion to dismiss under Section 1307 (b) on the one hand, and a creditor’s motion to convert under Section 1307 (c) on the other, the court may convert the case from Chapter 13 to a Chapter 7 proceeding if there is evidence of bad faith or abuse of the bankruptcy process by the debtor. In Re Nichols is a significant and impactful holding in the Ninth Circuit because it informs all bankruptcy practitioners and creditors that even when a debtor has abused the bankruptcy process and engaged in bad faith, the debtor may escape the consequences of his actions by filing a motion to dismiss, which, according to In re Nichols, the court must grant.