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About

Thank you for visiting this website.  I would like to explain its origins.

 

I am a California attorney and reside in the Sacramento, California area.  Around 2004, lawyers who had been sued in Los Angeles by a Los Angeles-based attorney began asking me to represent them.  I agreed and the clients obtained their objectives.  In fact, most of my clients in these cases obtained judgments and became "judgment creditors" of the plaintiff.  

 

At that point I directed my clients to retain a judgment enforcement attorney.  When my clients had limited success, I took over and my clients began receiving some payments.

In 2011, however, the judgment debtor (the Los Angeles attorney) attempted to escape his sizeable judgment liabilities by filing for bankruptcy in the U.S. Bankruptcy Court for the Central District of California.  In light of the amounts at issue and other considerations, the clients decided not to let that judgment debtor escape his obligations so easily.   We filed an "adversary proceeding" to prevent that debtor from discharging the particular debts at issue or, alternatively, to prevent him from discharging any debts whatsoever.   Through "contested matters" in the "bankruptcy case" itself, we challenged what appeared to be unfounded or otherwise over-reaching exemption claims.  

 

Our efforts succeeded.  The debtor was denied exemptions he had claimed in putative retirement accounts; denied any enhancement to a homestead exemption; and denied a discharge in bankruptcy.  (These results, of course, were based on the facts of the case and there is no guaranty that any other case will enjoy such success).

As a historical matter, providing representation in a distant venue has been difficult.  Those difficulties, however, have largely been solved.   With the development of the internet, the federal courts implemented electronic filing and service systems.  They also permitted out-of-town counsel to make most appearances remotely -- by telephone.  With the pandemic, even the state courts developed and placed an emphasis on remote appearances-- often by video-- for most matters.

The rates charged by attorneys in Los Angeles, like the prices of so many other things, tend to be higher than those charged in the Sacramento area.  Depending on the expected needs of the case, a creditor considering litigation in the U.S. Bankruptcy Court for the Central District (or in appellate venues including the U.S. District Court for the Central District of California, the Bankruptcy Appellate Panel for the Ninth Circuit, and the Ninth Circuit) may save a substantial sum of money by avoiding Los Angeles attorneys.   

Charles Q. Jakob, JD/MBA


Mr. Jakob was born in California but raised in Ohio.  He earned a bachelor's degree in economics at the College of Arts & Sciences at Cornell University and a master's degree in economics at Duke University.  He earned an MBA, with emphasis in finance, through a merit scholarship to the Ohio State University.  There he simultaneously earned his law degree.  In law school he was a published author in, and managing editor of, the Ohio State Law Journal (the law school's flagship law review).  He served as a student extern for a judge on the U.S. Court of Appeals for the Sixth Circuit and, after graduating from law school,  clerked for a federal district court judge in the Eastern District of California.  He is admitted to practice in California and a member of the California Lawyers Association, its Litigation Section, and the American Bankruptcy Institute.   

Mr. Jakob maintains a blog on creditors' rights in California.

 

Content © 2017-2019 by Charles Q. Jakob. Proudly created with  Wix.com

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