Shareholder Gary Rudolph published a case update analyzing In re Lee, 889 F. 3d 639 (9th Cir. 2018) for the Insolvency Law Committee of the California Lawyers Association (“CLA”) Business Law Section.
In the update, Mr. Rudolph explains how three years prior to filing a chapter 7 bankruptcy petition, the debtor transferred a majority of his interests in two Hawaiian properties to himself and his spouse in a tenancy by the entirety (“TBE”). He then explains the decision of the U.S. Court of Appeals for the Ninth Circuit which held that a chapter 7 trustee’s complaint to avoid a debtor’s fraudulent transfers of real property to the debtor and his wife as tenants by the entirety met the procedural requirements of an objection to the debtor’s claims of exemption in those properties under Federal Rule of Bankruptcy Procedure (“FRBP”) 4003(b).
Mr. Rudolph practices in the area of bankruptcy and other insolvency problems, representing trustees, creditors and debtors in commercial bankruptcies. He is also a mediator for the United States Bankruptcy Court, Southern District of California. His representation in the Bankruptcy Court includes official unsecured creditor committees, bankruptcy trustees, corporate Chapter 7 debtors, Chapter 11 debtors-in-possession, and creditors in all bankruptcy matters.