On October 15, 2024, Justice Margaret A. Chan denied plaintiffs’ motion for summary judgment in lieu of complaint and dismissed the action after finding that the return date on the motion had occurred before the defendants’ time to respond elapsed. In Starship Holdings, LLC, et al., v. Maxben Holdings, LLC, et al., Index No. 651427/2024, the plaintiffs initially commenced an action for repayment on a loan agreement and note by summons and notice. The summons and notice were served on defendants on March 21, 2024. Plaintiffs also filed a notice of motion for summary judgment in lieu of complaint, setting a return date of April 9, 2024. As a result, the return date of the motion occurred only 19 days after service was completed on defendants—before the time either defendant was required to respond. See the full link below: https://lnkd.in/esxv2X5g
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Very important when filing a motion for summary judgment in lieu of complaint! Make sure your return date is far enough out to account for service time, plus time for defendant to respond (don't forget that service won't be complete until ten days after file the AOS if you do substitute service), and then reply. If the return date is too soon, your action will be dismissed.
On October 15, 2024, Justice Margaret A. Chan denied plaintiffs’ motion for summary judgment in lieu of complaint and dismissed the action after finding that the return date on the motion had occurred before the defendants’ time to respond elapsed. In Starship Holdings, LLC, et al., v. Maxben Holdings, LLC, et al., Index No. 651427/2024, the plaintiffs initially commenced an action for repayment on a loan agreement and note by summons and notice. The summons and notice were served on defendants on March 21, 2024. Plaintiffs also filed a notice of motion for summary judgment in lieu of complaint, setting a return date of April 9, 2024. As a result, the return date of the motion occurred only 19 days after service was completed on defendants—before the time either defendant was required to respond. See the full link below: https://lnkd.in/esxv2X5g
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Recent changes to Medi-Cal regulations could significantly impact individuals with an irrevocable Medi-Cal trust. As of January 1, 2024, the asset test has been eliminated, making the original purpose of these trusts potentially obsolete. Plus, your heirs could face hefty capital gains taxes due to the loss of the step-up in basis for inherited assets. It's crucial to reassess your trust and understand how these changes may affect your financial future. Consult a qualified trust attorney for personalized guidance and ensure your family's well-being! 📞 (209) 694-3085 | 🌐 meyerpink.com #MediCalTrust #EstatePlanning #FinancialAdvice #MeyerPinkLaw #TrustReview #WealthManagement #CaliforniaLaw #Heirs
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Recent changes to Medi-Cal regulations could significantly impact individuals with an irrevocable Medi-Cal trust. As of January 1, 2024, the asset test has been eliminated, making the original purpose of these trusts potentially obsolete. Plus, your heirs could face hefty capital gains taxes due to the loss of the step-up in basis for inherited assets. It's crucial to reassess your trust and understand how these changes may affect your financial future. Consult a qualified trust attorney for personalized guidance and ensure your family's well-being! 📞 (209) 694-3085 | 🌐 meyerpink.com #MediCalTrust #EstatePlanning #FinancialAdvice #MeyerPinkLaw #TrustReview #WealthManagement #CaliforniaLaw #Heirs
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What are the duties of claimants’ lawyers once a defendant serves evidence of fundamental dishonesty? By continuing to act on a CFA to trial do those lawyers expose themselves to a wasted costs order? Click here to read the full case note: https://lnkd.in/e_qMR6M4
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The Daily Business Review recently published an article highlighting the latest data from the U.S. Courts which revealed a significant 16.2% increase in personal and bankruptcy filings in a 12-month period ending September 30, compared to the previous year. This surge includes both personal and business bankruptcies, highlighting the financial pressures many individuals and businesses are facing. With rising inflation, interest rates, and the end of COVID relief programs, more Americans and businesses are turning to bankruptcy as a way to address growing financial challenges. LKLSG Partner Tom Lehman, who focuses his practice on bankruptcy, insolvency and employment practices defense, observed that many large companies are filing in other jurisdictions with more experienced bankruptcy judges, leading to quicker resolutions. "The reason is that you have a very seasoned bench," Lehman said. "Judges who come from business law firms—and they allow cases to move through very quickly." Click below to read more. https://lnkd.in/ezpHgb_5 #arbitration #businesslitigation #floridalaw
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Learn about the latest legal developments in preference claims monetization from Lowenstein Sandler LLP's Eric Chafetz and Brittany M. Clark in their latest article in the Credit Research Foundation Journl. #bankruptcylaw #bankruptcy #bankruptcynews #corporatelaw #lawyers
The Propriety of Monetizing Preference Claims: Another Circuit Court Weighs In
lowenstein.com
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Learn about the latest legal developments in preference claims monetization from Lowenstein Sandler LLP's Eric Chafetz and Brittany M. Clark in their latest article in the Credit Research Foundation Journl. #bankruptcylaw #bankruptcy #bankruptcynews #corporatelaw #lawyers
The Propriety of Monetizing Preference Claims: Another Circuit Court Weighs In
lowenstein.com
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The Family Court has a wide range of powers in financial remedy claims, including the ability to transfer assets between parties, order the sale of a property, and pay a lump sum. As a result, in most financial remedy cases, the question of who actually owns a property is not usually determinative of the outcome. In this blog post, Sue Brookes delves into the complexities of property disputes after a relationship breakdown and what happens when third parties claim ownership of an asset. Read the full blog: https://lnkd.in/dSCd_-RF #FamilyLaw #PropertyDisputes #FinancialRemedy
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Since our inception in 1989, Total Wealth Planning has served our client families according to a Fiduciary Standard of Care. This means, by law, we must put our clients’ best interest first. Our adherence to this Fiduciary Standard has allowed us to remain independent and free from potential conflicts of interest. This distinction sets us apart from other salespersons who call themselves “advisors” who are only subject to a suitability standard. We believe that only advisors adhering to a Fiduciary standard can align firm and advisor interests with those of clients. https://bit.ly/2ZSyVmy
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