In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement...more
2/21/2013 - Bank of America v Pendergrass Borrowers Default Fraud Fraud Exception Lenders Loans Negligent Misrepresentation Parol Evidence Rescission Restructuring Riverisland
The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a...more
12/13/2012 - Constitutional Amendment Fraudulent Conveyance Jurisdiction Split of Authority Waivers
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