Legal Question in Real Estate Law in California

Re: What does Bankruptcy protect and what do I do?

This is a very interesting case, and although you have put forth a fair amount of information, some key questions remain unanswered. For example, what chapter of the bankruptcy code was this case filed under? Did you have an attorney? Have you posed these questions and issues to your BK attorney? Exactly what does the final court document closing the BK case say with respect to windup of the case and disposition of claims?

Also, was this a personal bankruptcy only, with no other entities involved, or did you operate the vineyard as an LLC or corporation? If so, what parties actually filed for bankruptcy?

It seems a bit odd to me that there were secured creditors such as trust deed holders whose claims were not handled in some way in the bankruptcy, so that they would be threatening foreclosure at this late date. Also, you should know that not all lenders are entitled to deficiency judgments.

I would hesitate to recommend refinancing, selling, or giving in to a foreclosure without an opportunity to review the entire situation from top to bottom. I assume this case was in Judge Jarosolvsky's court; I am a real estate and business law specialist but I have handled a few cases before this judge, and I am also a grape grower as well as lawyer.

I would like to have the opportunity to review your file and give you some (free) recommendations based on a better understanding of the factual and legal history. Please feel free to e-mail me directly.