News, Events & Insights
Join us for a Gupta Evans & Ayres event or pressure events from the San Diego Community at large, stay up to date on Law changes and read case stories in the blog.
These guys are the best. They tell it like it is and give you the best chance of winning your case. Ajay doesn’t leave a stone unturned and gives you great advice along the way with as much transparency as possible. Michael makes sure all the details are covered and is always available for any quick questions you might have. I have nothing but great things to say about their entire team.
Laith H. – Carlsbad, CA
GEA’s Demand Letter to Union Bank Secures Release of Erroneous Loan
/in All Blog Posts/by John AhnGupta Evans & Ayres was successfully able to secure a release of a bank loan that was erroneously accounted for as due when the bank had previously discharged the loan years prior. All it took was a simple and effective demand letter, saving our client time and money. Our client obtained a $50,000 loan from […]
Gupta Evans and Ayres Confirms One of the First Contested Subchapter 5 Bankruptcies in the Southern District of California. In re: Eminent Cycles, LLC
/in All Blog Posts/by The Gupta Evans & Ayres TeamOn February 3, 2022, the Subchapter 5 plan for Eminent Cycles, LLC (Case #21-01006-CL11 filed in the Southern District of California) was confirmed over objection from the main secured creditor. The Debtor in this instance had financing ready but could not move forward because the secured creditor’s interest was substantially more than the value of […]
Ajay Gupta and Chris S. Evans Obtain Six-Figure Jury Verdict For Client in Property Dispute
/in All Blog Posts/by The Gupta Evans & Ayres TeamGupta Evans and Ayres is proud to announce they were able to secure another resounding victory and six-figure verdict for their client after over four years of litigation and a hard-fought jury trial in San Diego County. GEA represented a purchaser of a home in Oceanside that the purchaser later discovered to be littered with […]
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?