Creditor Debtor Practice
Jay practices in the area of creditor-debtor law, including both creditor-side judgment enforcement and debtor-side defense. Because of Jay's extensive past experience with asset protection planning, Jay frequently represents creditors in attempting to bust through complex asset protection arrangements, and debtors who have such arrangements. Less frequently, he represents debtors who have cases with interesting technical issues.
Jay served as an American Bar Association Adviser to the drafting committees of the Uniform Voidable Transactions Act (2014) and the Uniform Registration of Canadian Money Judgments Act (2019). He also served as the court-appointed receiver in Pacific Coast Management v. Gaggero and Wynn v. Francis. Jay authored the book The Charging Order Practice Guide (Amer.Bar.Assoc., 2018). He writes frequently on creditor-debtor issues for his column in Forbes.com
Jay's exploits in pursuing the assets of New Times Media LLC (the holding company of the Village Voice companies) have been recounted in two articles:
- The Seattle Stranger, The Great West Coast Newspaper War (March 18, 2010).
- California Lawyer, Chasing the Money (July, 2010)
Related Pages:
Articles On Creditor-Debtor Law Generally
2024.11.21 ... ERISA Creditor Protection Extended To Flawed Or Abused Retirement Plans In Gilbert
2024.11.12 ... Repatriation Order For Offshore Assets In Miller
2024.09.13 ... The New One-Day Rule For Honoring Bank Levies In California
2024.08.28 ... Creditor Successfully Levies On Debtor’s Funds Held In Attorney Trust Account In Dickson
2024.07.01 ... The Sackler Family’s Plan Is Nixed By Ejusdem Generis In Purdue Pharma
2024.04.10 ... Doctor’s Transfer To Wife To Avoid Creditors Doesn't Survive Divorce
2024.03.13 ... A Primer On Creditor Exemptions
2024.02.21 ... Inherited And Overfunded IRAs Not Creditor-Exempt In Ponte
2023.09.18 ... Attorneys Who Aided Debtors Hit With $4.5 Million In Attorney Fees
2023.08.27 ... Understanding The Federal Wage Garnishment Law
2023.06.30 ... U.S. Supreme Court Upholds Civil RICO Actions In Post-Claim Debtor Planning Cases In Smagin
2023.05.08 ... Spendthrift Trusts In California And External Creditors
2023.04.14 ... Recourse And Non-Recourse Debt In The Commercial Real Estate Context
2022.12.26 ... Why Samuel Bankman-Fried's Parents May Have To Pay Treble Damages For Any Assets They Received From FTX
2022.12.12 ... Understanding Depositor Remedies For The FTX And Other Cryptocurrency Failures
2022.11.17 ... Understanding Receivers For Collection And While Asset Protection Planning
2022.08.29 ... ERISA Protection From Creditors Shown To Have Substantial Weaknesses In Greebel
2022.05.09 ... Registered Agent’s Mistake Leads To Liability Of Zions For Failure To Honor A Levy In Bergstrom
2022.03.17 ... Garnishment Of Non-Party LLC’s Bank Account Disallowed In McLeod
2022.02.27 ... AirTags Used By Creditors? That’s Just The Tip Of The Investigation Iceberg
2022.02.07 ... Is Your California IRA Protected From Creditors? Probably Not.
2022.01.28 ... Georgia Bankruptcy Highlights Issues Relating To The Protection Of Roth IRAs In Hoffman
2021.11.26 ... Post-Claim California Private Retirement Plan To Protect Debtor’s Non-Exempt Assets Held To Be A Sham In Gluck
2021.04.17 ... America’s Homelessness Problem Is About To Get Much Worse As The Eviction Moratorium Ends
2021.02.21 ... Creditor’s Early Motion For A Receiver Gets The Kabosh In Medipro Case
2020.09.19 ... California Increases Homestead Exemption In New Legislation
2020.05.25 ... Mechanics Of Assignment Orders Illuminated In Optronics Technologies
2020.03.16 ... Thoughts On Preparing For The Recession
2020.01.20 ... California Retirement Plan For Asset Protection Purpose Fails To Qualify For Creditor Exemption In O’Brien
2019.10.27 ... Uniform Law Commission Adopts Uniform Registration Of Canadian Money Judgments Act
2019.10.16 ... Co-Located Business In Residence Means Co-Located Receiver In Lacava
2019.06.19 ... Annuity Payments Protected From Creditors In Rensin
2018.06.11 ... Arizona Court Of Appeals Misses With Fraudulent Transfer Opinion For ERISA Contributions In Shah
2018.04.22 ... State And Federal Fraudulent Transfer Law Diverge Over Exempt Property In Vorhes
2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach
2017.09.22 ... Is A Judgment Enforceable On Appeal?
2017.08.09 ... Debtor Cannot Assert Homestead Exemption For Residence Owned By LLC In White
2016.08.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva
2016.07.24 … Sham Mortgage Loan Flops In Pivaroff
2016.07.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court
2016.06.12 … How Olins ' Antique Collection Led Him To Prison For Cheating Civil Creditors
2016.04.30 … 529 Savings Accounts Not Exempt In California Under O'Brien
2016.02.28 … Repatriation Order for Offshore Assets Denied in Lewis
2016.02.19 … Scalia's Passing Probably Good News Creditors, Bad News For Debtors
2015.12.28 ... The California Private Retirement Plan: Separating Fact From Fiction
2015.11.12 ... Hiding Assets Offshore To Cheat Ex-Wife Leads To Criminal Conviction Of Dr. Brandner
2015.07.20 ... Investor Control Dooms Private Placement Life Insurance Policy In Webber
2015.05.29 ... The SEC Gets High Living Debtor Sent To Jail In Greenberg
2015.04.11 ... The Amazingly Confusing Life Insurance Exemption From Creditor Claims
2015.02.26 ... Of Drones and Debtors
2014.02.06 ... A Wedding And The Writ Of Ne Exeat Republica
2013.12.08 ... Grossman And The Impossibly Difficult Impossibility Defense
2013.09.30 ... After False Start, The Uniform Asset-Freezing Orders Act Is Now Ready To Roll
2013.03.26 ... New Uniform Asset-Freezing Orders Act Has Rocky Start In Colorado
2012.11.24 ... Florida Enforcement Of Illinois Judgment In Weiss Case Highlights Interstate Enforcement Issue
2012.09.14 ... Of Indian Summer, Shredders, and Trash Pulls
2012.06.23 ... Foreclosure, Deficiency Judgments and the Perils of Anti-Deficiency Statutes
2012.05.20 ... Community Property and Creditor-Debtor Law Explained
2012.03.31 ... Speedway Motorsports: Death Benefit From Life Insurance Survives Creditor's Claim That The Premiums Were The Proceeds Of Fraud
2012.03.17 ... Brandner : Alaska Plastic Surgeon Faces Forfeiture Of $4.656 Million For Undisclosed Offshore Account Used To Attempt To Cheat Ex-Wife
2012.02.16 ... Danielo : California's First Action Rule No Defense Against Home Equity Line Of Credit For Underwater Property
2011.08.14 ... Murphy: Attempts To Dodge Personal Guarantees Means Misery For All Involved
Articles On Alter-Ego And Veil Piercing
2022.02.09 ... How Successor Liability Might Disrupt The Best Laid Plans Of Cyber Ninjas
2021.11.30 ... California Further Extends Reverse Veil Piercing To Multiple-Member LLCs In Blizzard Energy
2021.04.09 ... Temporal Issues In Alter Ego Analysis
2020.11.11 ... California Court Of Appeals Approves Alter Ego Theory To Add Additional Judgment Debtors In Butler
2020.05.24 ... Stop In The Name Of Lien: The IRS Loses Against The Partnership Of Motown Songwriter Edmond Holland, Jr.
2020.01.30 ... Sixth Circuit Punts On Tennessee Reverse Piercing Law In Church Joint Venture Case
2019.11.27 ... Nevada Supreme Court Answers Some Alter Ego Questions Leaves Others Unanswered In Magliarditi
2018.03.26 ... IRS Prevails On Alter Ego Grounds Against Financially-Distressed Companies In Cordes
2017.08.13 ... Reverse Veil Piercing Given New Life In California Against A Delaware LLC In = Curci
2017.06.11 ... Alter Ego Cuts A Broad Swath Against Nevada Entities And Trusts In Transfirst
2014.12.01 ... Single-Member LLC's Veil Pierced In Greenhunter
2012.06.03 ... Webb & Carey: When Control Is Bad -- Receiver Uses Debtors' Controlling Interests In Partnerships To Get At Partnership Assets
2012.05.25 ... Miske : The Innocent General Partner Tagged With Liability For Losses Due To Misdeeds Of Another General Partner
2012.04.30 ... Serio: Corporate Veil Of Single-Member LLC Holds Up In Maryland To Protect Owner In Absence Of Fraud
2012.02.05 ... Martin: The Inherent Dangers Of The Single Member LLC And Alter Ego Veil Piercing
2012.01.14 ... Royal Bank of Canada: Separate Entity Rule Survives As To Restraining Order Served On Manhattan Branch For Debtor's Toronto Accounts
2011.09.30 ... Undercapitalization Again: Owner Of Sole Shareholder Corporation Gets Aced On Veil Piercing Claim At The U.S. Open
2011.08.25 ... KKR, Bruno's, the Fiduciary Shield Doctrine, and the Long Arm of Alabama
2011.08.20 ... Khashoggi: Margin Scheme Leads Personal Liability For True Beneficial Owner Under Alter Ego Theory; Undercapitalization and Domination
2011.08.19 ... Noack: The Single Member LLC, Alter Ego, and Undercapitalization
Articles On Selected Bankruptcy Issues
2023.02.27 ... Purely Passive Investor Hit With Liability And Denial Of Discharge By U.S. Supreme Court In Bartenwerfer
2021.01.27 ... Warren-Nadler Consumer Bankruptcy Reform Act Portends Biggest Changes To Bankruptcy Code Since 2005
2020.04.06 ... America’s Small Businesses Need Immediately An EZ Chapter 11 Filing Procedure To Flatten The Curve Of Failures From COVID-19
2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach
2017.09.26 ... Consulting With An Asset Protection Attorney Is Proof Of Intent To Defeat Creditors Says 9th Circuit
2014.12.21 ... Bankruptcy Considerations In Asset Protection Planning
2014.10.23 ... Hiding Income In Company Nixes Discharges In Hiett
2014.09.28 ... Third Circuit Resolves Competing Bankruptcy Estates In Allen
2014.07.02 ... Collection South Of The Border Against Seashore Village Held In Fideicomiso Trust
2014.06.12 ... Inherited IRA Not Exempt From Creditors In Bankruptcy, Says Sotomayor
2014.05.26 ... The ‘I Lost It At The Casino’ Defense Fails Again In Tate
2014.04.21 ... Doctor Tries To Cheat Ex-Wife And Impossibility Defense Flops Again In Hissa
2014.03.06 ... Scalia Throws Bankruptcy Surcharging To The Mat
2013.12.28 ... The High-Flying Debtor Gets His Wings Clipped In Newcomer
2013.01.28 ... Marciano - Bankruptcy Debtor Gets Bench Warrant For Contempt After Impossibility Defense Flops
2012.12.30 ... Blixseth - Ninth Circuit Bankruptcy Appellate Panel Rules Nevada Is Proper Venue For Involuntary Bankruptcy Against Former Billionaire Because Holding Companies Formed There
2012.10.31 ... Peake -- Kansas Homestead, Reverse Mortgages and the Perils of 522(p)
2012.08.18 ... Malley: Debtor's Willful Non-Disclosure Of Asset Leads to Surcharge Of A Different Exempt Asset
2012.05.26 ... Wilson: Surcharge Of Debtor's Exempt Property Based On Debtor's Contempt In Refusing To Assist Trustee In Sale Of Property
2012.03.16 ... McGough: Debtors' Charitable Giving Limited To 15% Of Gross Income In Bankruptcy
2012.01.31 ... Gordon: Debtor Asserts Concepts Of Slavery And Peonage To Try To Avoid Chapter 11 Bankruptcy
2011.11.05 ... Tucker: Involuntary Bankruptcy Just Not That Difficult For Creditors
2011.07.24 ... Bankruptcy Opinion In Re Patel Illustrates Why Post-Liability Planning Can Be A Very Bad Idea
Past Speaking Appearances On Creditor-Debtor Issues
2024.11.21 ... ERISA Creditor Protection Extended To Flawed Or Abused Retirement Plans In Gilbert
2024.11.12 ... Repatriation Order For Offshore Assets In Miller
2024.09.13 ... The New One-Day Rule For Honoring Bank Levies In California
2024.08.28 ... Creditor Successfully Levies On Debtor’s Funds Held In Attorney Trust Account In Dickson
2024.07.01 ... The Sackler Family’s Plan Is Nixed By Ejusdem Generis In Purdue Pharma
2024.04.10 ... Doctor’s Transfer To Wife To Avoid Creditors Doesn't Survive Divorce
2024.03.13 ... A Primer On Creditor Exemptions
2024.02.21 ... Inherited And Overfunded IRAs Not Creditor-Exempt In Ponte
2023.09.18 ... Attorneys Who Aided Debtors Hit With $4.5 Million In Attorney Fees
2023.08.27 ... Understanding The Federal Wage Garnishment Law
2023.06.30 ... U.S. Supreme Court Upholds Civil RICO Actions In Post-Claim Debtor Planning Cases In Smagin
2023.05.08 ... Spendthrift Trusts In California And External Creditors
2023.04.14 ... Recourse And Non-Recourse Debt In The Commercial Real Estate Context
2022.12.26 ... Why Samuel Bankman-Fried's Parents May Have To Pay Treble Damages For Any Assets They Received From FTX
2022.12.12 ... Understanding Depositor Remedies For The FTX And Other Cryptocurrency Failures
2022.11.17 ... Understanding Receivers For Collection And While Asset Protection Planning
2022.08.29 ... ERISA Protection From Creditors Shown To Have Substantial Weaknesses In Greebel
2022.05.09 ... Registered Agent’s Mistake Leads To Liability Of Zions For Failure To Honor A Levy In Bergstrom
2022.03.17 ... Garnishment Of Non-Party LLC’s Bank Account Disallowed In McLeod
2022.02.27 ... AirTags Used By Creditors? That’s Just The Tip Of The Investigation Iceberg
2022.02.07 ... Is Your California IRA Protected From Creditors? Probably Not.
2022.01.28 ... Georgia Bankruptcy Highlights Issues Relating To The Protection Of Roth IRAs In Hoffman
2021.11.26 ... Post-Claim California Private Retirement Plan To Protect Debtor’s Non-Exempt Assets Held To Be A Sham In Gluck
2021.04.17 ... America’s Homelessness Problem Is About To Get Much Worse As The Eviction Moratorium Ends
2021.02.21 ... Creditor’s Early Motion For A Receiver Gets The Kabosh In Medipro Case
2020.09.19 ... California Increases Homestead Exemption In New Legislation
2020.05.25 ... Mechanics Of Assignment Orders Illuminated In Optronics Technologies
2020.03.16 ... Thoughts On Preparing For The Recession
2020.01.20 ... California Retirement Plan For Asset Protection Purpose Fails To Qualify For Creditor Exemption In O’Brien
2019.10.27 ... Uniform Law Commission Adopts Uniform Registration Of Canadian Money Judgments Act
2019.10.16 ... Co-Located Business In Residence Means Co-Located Receiver In Lacava
2019.06.19 ... Annuity Payments Protected From Creditors In Rensin
2018.06.11 ... Arizona Court Of Appeals Misses With Fraudulent Transfer Opinion For ERISA Contributions In Shah
2018.04.22 ... State And Federal Fraudulent Transfer Law Diverge Over Exempt Property In Vorhes
2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach
2017.09.22 ... Is A Judgment Enforceable On Appeal?
2017.08.09 ... Debtor Cannot Assert Homestead Exemption For Residence Owned By LLC In White
2016.08.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva
2016.07.24 … Sham Mortgage Loan Flops In Pivaroff
2016.07.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court
2016.06.12 … How Olins ' Antique Collection Led Him To Prison For Cheating Civil Creditors
2016.04.30 … 529 Savings Accounts Not Exempt In California Under O'Brien
2016.02.28 … Repatriation Order for Offshore Assets Denied in Lewis
2016.02.19 … Scalia's Passing Probably Good News Creditors, Bad News For Debtors
2015.12.28 ... The California Private Retirement Plan: Separating Fact From Fiction
2015.11.12 ... Hiding Assets Offshore To Cheat Ex-Wife Leads To Criminal Conviction Of Dr. Brandner
2015.07.20 ... Investor Control Dooms Private Placement Life Insurance Policy In Webber
2015.05.29 ... The SEC Gets High Living Debtor Sent To Jail In Greenberg
2015.04.11 ... The Amazingly Confusing Life Insurance Exemption From Creditor Claims
2015.02.26 ... Of Drones and Debtors
2014.02.06 ... A Wedding And The Writ Of Ne Exeat Republica
2013.12.08 ... Grossman And The Impossibly Difficult Impossibility Defense
2013.09.30 ... After False Start, The Uniform Asset-Freezing Orders Act Is Now Ready To Roll
2013.03.26 ... New Uniform Asset-Freezing Orders Act Has Rocky Start In Colorado
2012.11.24 ... Florida Enforcement Of Illinois Judgment In Weiss Case Highlights Interstate Enforcement Issue
2012.09.14 ... Of Indian Summer, Shredders, and Trash Pulls
2012.06.23 ... Foreclosure, Deficiency Judgments and the Perils of Anti-Deficiency Statutes
2012.05.20 ... Community Property and Creditor-Debtor Law Explained
2012.03.31 ... Speedway Motorsports: Death Benefit From Life Insurance Survives Creditor's Claim That The Premiums Were The Proceeds Of Fraud
2012.03.17 ... Brandner : Alaska Plastic Surgeon Faces Forfeiture Of $4.656 Million For Undisclosed Offshore Account Used To Attempt To Cheat Ex-Wife
2012.02.16 ... Danielo : California's First Action Rule No Defense Against Home Equity Line Of Credit For Underwater Property
2011.08.14 ... Murphy: Attempts To Dodge Personal Guarantees Means Misery For All Involved