The U.S. Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s application of California’s increased homestead exemption amount in determining whether a debtor may avoid a lien created in 2013. In so ruling, the Ninth Circuit held that bankruptcy courts must apply the state exemption law in effect on the filing date of the bankruptcy petition, rather than on the creation date of the lien.
A Business And Real Estate Litigation Firm Serving California
- Business and Real Property Disputes
- Business Counseling
- Consumer Finance Litigation
- Trusts and Estates Litigation
- Litigation & Appeals
Patrick Tira is a highly skilled attorney with a demonstrated history of resolving business and real property disputes. He also has extensive experience in creditor/debtor's rights, trade secret protection, shareholder disputes, and real estate finance.
Over the past ten years, Mr. Tira gained extensive experience first at a boutique law firm located in La Jolla, California and later as a partner with a national law firm largely based in Chicago, Illinois.
Mr. Tira is experienced in all stages of litigation, including motion practice, depositions and other discovery, negotiation, mediation, arbitration, trial, and appeal. Mr. Tira has recovered millions for his clients in judgments and arbitration awards, in addition to resolving most disputes with demurrers and motions to dismiss.
In addition to his success in the courtroom, Mr. Tira takes pride in assisting businesses and individuals to quickly resolve disputes and avoid litigation through effective sales contracts, purchase agreements, non-disclosure agreements, software license and development agreements, powers of attorney, shareholder agreements, promissory notes and security agreements, easement agreements, and employment contracts.
Mr. Tira is admitted to practice law in California, United States Court of Appeals for the Ninth Circuit, and in the United States District Courts for the Southern, Central, Eastern, and Northern Districts of California.
- University of San Diego School of Law, San Diego, California
- J.D. - 2007
- University of San Diego
- B.A., Political Science
- Honors: summa cum laude
- Honors: B.B.A., Real Estate Emphasis
- Honors: The Phi Beta Kappa Society
- U.S. Ninth Circuit Court of Appeals
- U.S. District Court Southern District of California
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Northern District of California
- Irish American Bar Association of San Diego, Board of Directors
- La Jolla Bar Association
- The Federalist Society
- Association Of Business Trial Lawyers
- SuperLawyers - 2022
- SuperLawyers - Rising Stars - 2022
Calif. App. Courts Disagree Whether Liquidated Damages Limitations Apply Without a Breach of Contract
Calif. App. Court Enforces Co-Tenancy Provision; Holds Liquidated Damages Limitations Do Not Apply Without a Contractual Breach
9th Cir. Holds Only Defendants May Remove an Action to Federal Court; Unnamed Real Party in Interest Cannot Remove Action; Splits With 2nd Cir.
The U.S. Court of Appeals for the Ninth Circuit recently held that the federal removal statute authorizes only a “defendant or the defendants” to remove an action to federal court. The Ninth Circuit reversed a District Court’s order denying a borrower’s motion to remand, after an unnamed Trustee removed the action to federal court on behalf of a defendant Trust. In so ruling, the Ninth Circuit held that because an unnamed party removed the case, the District Court should have remanded it instead of retaining jurisdiction.