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Turner v. Wells Fargo N.A. (In re Turner)
Debtors' adversary proceeding properly dismissed where they failed to state a claim for wrongful foreclosure under California law.
Bankruptcy Jun. 15, 2017
Weil v. Elliott (In re Elliott)
Trustee's untimely filing of request to revoke debtor's discharge due to fraud does not warrant reversal of favorable judgment because deadline was non-jurisdictional time bar.
Bankruptcy Jun. 14, 2017
Olomi v. Tukhi (In re Tukhi)
One-time act of noncompliance with local rule due to counsel's misreading of statute does not warrant dismissal of entire action.
Bankruptcy Jun. 1, 2017
In re Keller
Creditor's postpetition credit reporting of debtors' overdue or delinquent payments is not per se violation of collections statute or violation of order confirming bankruptcy plan.
Bankruptcy May 31, 2017
In re Sunnyslope Housing Ltd. Partnership
Creditor unsuccessful in challenging debtor's plan of reorganization and bankruptcy court's valuation of apartment complex which assumed complex's continued use as low-income housing.
Bankruptcy May 30, 2017
Lee v. Roessler-Lobert (In re Roessler-Lobert)
While attorney's lack of diligence undoubtedly warranted some sanction, dismissal of adversary claim for lack of prosecution was too harsh, warranting reversal.
Bankruptcy May 22, 2017
Midland Funding LLC v. Johnson
Debt collector's filing of proof of claim on time-barred debt does not fall within scope of the Fair Debt Collection Practices Act.
Bankruptcy May 16, 2017
Kashikar v. Turnstile Capital Management LLC (In re Kashikar)
Former med student partially prevails in adversary proceeding seeking determination that funds received for med school had been discharged in chapter 7 bankruptcy filing.
Bankruptcy May 2, 2017
Peter Mastan v. James Salamon
Holder of junior non-recourse liens does not have right to claim on property under 11 U.S.C. § 1111(b) after non-judicial foreclosure and sale of property by senior lienholder.
Bankruptcy Apr. 21, 2017
Porter v. Nabors Drilling USA LP
Governmental unit exception to automatic bankruptcy stay does not apply to plaintiff's Private Attorney General Act action.
Bankruptcy Apr. 21, 2017
PNC Bank v. Sterba (In re Sterba)
Bankruptcy Appellate Panel erroneously applies California's shorter limitations period in finding creditor's claim untimely instead of Ohio's laws as stated in parties' promissory note.
Bankruptcy Apr. 6, 2017
Dingley v. Yellow Logistics LLC (In re Dingley)
Civil contempt proceedings against debtor who failed to comply with discovery rules are exempted from automatic stay under 'government regulatory exemption.'
Bankruptcy Apr. 4, 2017
First Community Bank v. Gaughan (In re Miller)
California bank may enforce judgment lien against Arizona couple's property located in California even if debtor-husband was the sole signatory to guaranty underlying judgment.
Bankruptcy Apr. 3, 2017
In re Gugliuzza
Federal appellate courts only have jurisdiction over bankruptcy proceeding where lower court order 'alters status quo and fixes rights and obligations of parties;' district court remand order does not do as much.
Bankruptcy Mar. 27, 2017
Czyzewski v. Jevic Holding Corp.
Bankruptcy court that orders dismissal of Chapter 11 case cannot, without consent of parties, deviate from basic priority rules regarding distribution of estate value.
Bankruptcy Mar. 23, 2017
Brace v. Speier (In re Brace)
California's community property presumption applies in bankruptcy disputes involving the characterization of marital property, rendering fraudulently transferred properties entirely recoverable by bankruptcy estate.
Bankruptcy Mar. 17, 2017
In re Tenderloin Health
In preference action, trustee in bankruptcy successfully recovers for bankruptcy estate loan payment debtor made to bank by satisfying 'greater amount test.'
Bankruptcy Mar. 8, 2017
Wharton v. Schwartzer (In re Wharton)
Debtors' claimed exemption to classic car properly denied where it was subject to avoidance and recovery in light of creditor's unperfected security interest.
Bankruptcy Feb. 15, 2017
County of Imperial Treasurer-Tax Collector v. Stadmueller (In re RW Meridian LLC)
Debtor retains equitable and legal rights to property though its right to redeem has lapsed; postpetition tax sale therefore void for violating automatic stay.
Bankruptcy Feb. 7, 2017
In re Tomkow
Bankruptcy court appropriately gives issue preclusive effect to fraud claim in state court judgment even though California Court of Appeal affirms judgment on different ground.
Bankruptcy Jan. 17, 2017
Kupfer v. Salma (In re Kupfer)
Statutory cap on landlord's claims against tenant in bankruptcy applies only to claims resulting directly from termination of lease, not collateral claims.
Bankruptcy Dec. 29, 2016
In re Faitalia
Bankruptcy court errs in awarding debtors' their attorney fees and costs under statute, resulting in reversal in planned community association's favor.
Bankruptcy Dec. 13, 2016
Strickland v. U.S. Trustee (In re Wojcik)
Paralegal's use of the word 'legal' in her business name and advertisements violates strict liability provision of Bankruptcy Code Section 110(f).
Bankruptcy Dec. 13, 2016
In re Molasky
Debtor's motion to dismiss reversed, where intervenor can proceed with litigation as sole remaining party even after dismissal of original party who represented intervenor's interest.
Bankruptcy Dec. 12, 2016
Blixseth v. Brown (In re Yellowstone Mountain Club LLC)
Plaintiffs must seek bankruptcy court's permission to sue member of Unsecured Creditors' Committee pursuant to 'Barton' doctrine.
Bankruptcy Nov. 28, 2016
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Bankruptcy Appellate Panel lacks jurisdiction to consider debtor's petition because writ of mandamus cannot substitute for a timely appeal.
Bankruptcy Nov. 9, 2016
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law.
Bankruptcy Nov. 6, 2016
Spokane Law Enforcement Credit Union v. Barker (In re Barker)
Debtor's acknowledgment of debt in bankruptcy schedule does not relieve creditor of affirmative duty to timely file proof of claim.
Bankruptcy Oct. 27, 2016
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value.
Bankruptcy Sep. 22, 2016
Deocampo v. Potts
California law does not render judgment against indemnifiable employees a liability of the municipal employer for purposes of adjusting or discharging debts of a chapter 9 debtor.
Bankruptcy Sep. 8, 2016