Debtors, Creditors' Rights, Bankruptcy Litigation
Chapters 7, 11 and 13
A certified specialist in Personal and Small Business Bankruptcy Law since 1996. Mr. Sieveke represents debtors and creditors in all Chapters of bankruptcy. Attorney Donald W. Sieveke works personally on every case, where he will put his 40 years of experience to work on your bankruptcy issues. For many individuals, filing for bankruptcy relief can provide a way out of debt and a fresh financial start. Whether or not a bankruptcy filing is in your best interest depends on many factors and your individual circumstances. Give our firm a call at (714) 543-8419 if you are thinking about filing for Chapter 7, Chapter 11 or Chapter 13 bankruptcy.
Exemption Planning, Estate Planning, Pre-Bankruptcy Planning, Settlements, Entity Formation
Asset protection is tricky business. In order to do this work safely, it is critical to understand what a “fraudulent transfer” is. Simply speaking, this is a transfer that is either intended to defraud or evade one’s creditors, or a transfer of property for less than reasonably equivalent value, leaving one with insufficient assets to pay one’s creditors. Actual fraudulent intent is not necessary. The consequences of a fraudulent transfer are severe; the transfer can be unwound. In bankruptcy, not only can the transfer be unwound, the transferor may lose his or her right to claim an exemption on the transferred property. In certain cases, the debtor can lose his or her discharge. In other words, asset protection is everything but a fraudulent transfer.
The best (and perhaps only) time to protect assets is before a claim arises. Once creditors appear, it may be too late to do anything effective. One exception to this rule is that one may convert non-exempt assets to exempt assets any time before bankruptcy.
Mr. Sieveke does not engage in camouflage or “window dressing”. He utilizes strategies that, even if all the facts are known to the creditor, the planning holds up.
It is impossible to generalize in this field. There are far too many variables. As an attorney representing creditors, bankruptcy trustees as well as debtors, Mr. Sieveke has worked all sides of the fence and understands the complexities of asset protection.
REAL ESTATE LAW
Representing Developers, Real Estate Brokers and Property Owners. Services Include Document Drafting, Counseling, and Litigation
Real Estate Law encompasses a wide spectrum of subjects, including development, easements, mortgages, contracts and other forms of conveyance. This law firm is skilled in representing real estate developers and contractors, as well as property owners. Mr. Sieveke represents these parties in mechanic’s lien enforcement, contract drafting, evictions, and litigation pertaining to all of these areas.
In his forty years of practice, Mr. Sieveke has represented real estate brokers, homeowner associations, and property owners. He has litigated complex cases involving mortgage brokerages, easement rights, neighborhood disputes, unlawful detainers and real estate broker disputes.
In order to be an effective bankruptcy attorney, it is vital that one have a firm grasp of California law, in particular real estate law. Mr. Sieveke’s real estate experience extends back to the late 1970s when he provided real estate advice to brokers and sales agents on a popular “real estate hotline”. In the 1980s he litigated cases pertaining to “due on sale” clauses in mortgages, and witnessed the passage of the Garn Act. He has seen three distinct real estate “cycles” in his career, with all the upside and downside attendant.
California and Federal Court Civil Litigation, Mediation and Arbitration
In order to be an effective advocate for your client, you must know how to try a case. Just as importantly, you have to be able to assess your case and make an accurate determination of the strength of your case should you end up in trial. You cannot make this assessment without trying cases. Mr. Sieveke has tried cases in federal as well as state court. These cases have ranged from intellectual property disputes, defense of federal fraud claims, to corporate dissolutions. Mr. Sieveke recently settled a case for a plaintiff for $600,000. The art of negotiating a settlement can be a vital litigation tool. Over his 40 years in practice, Mr. Sieveke has honed these skills as a court appointed mediator. He brings an honest assessment and integrity to all his cases always putting the client's best interest first and foremost.