diemer wei llp san jose

diemer wei llp san jose california

 

408-971-6270

408-971-6270

 

 San Jose Business & Commercial Law Blog

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Enforcing Judgment Liens in California

Enforcing Judgment Liens in CaliforniaAfter obtaining a judgment against a party, the next step for the judgment creditor is to enforce the judgment against the judgment debtor. If the judgment debtor owns real estate in California, a creditor can record a judgment lien against the judgment debtor’s real property. Cal. Civ. Proc. Code § 697.340. A judgment lien gives the creditor priority over unsecured creditors , and secures the right to be paid from the proceeds of a sale of the debtor’s real property or from the debtor’s monetary award in another lawsuit assuming there is equity in the property.

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Always Perfect Your Interest – A Petroleum Producer Learns an Invaluable Lesson

Always Perfect Your Interest A Petroleum Producer Learns an Invaluable Lesson U.C.C Section 9-319(a) grants a consignee ownership rights in consigned goods. Does it also apply to proceeds from the sale of those goods? In the recent decision of In Re Pettit Oil Company, the Ninth Circuit said that it does, holding that proceeds from goods held by a consignee at the time of a bankruptcy filing are subject to the perfection and priority rules in the Bankruptcy Code.

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