Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
11-1021
|
BAC Home Loans Servicing LP v. Abdelgadir (In re Abdelgadir)
Petition date is determinative date for whether claim is secured by debtor’s principal residence subject to anti-modification provision in Bankruptcy Code. |
Bankruptcy |
|
Sep. 21, 2011 | |
11-1059
|
Pacific Resource Credit Union v. Fish (In re Fish)
Creditor’s pre-deadline filings indicating amounts due on loans and intent to hold debtor liable constitute informal proof of claim, relating back to original filing. |
Bankruptcy |
|
Sep. 21, 2011 | |
09-55880
|
Sherman v. SEC (In re Sherman)
Exception to discharge for securities-related wrongdoing does not apply where debtor is not culpable for securities violation that caused debt. |
Bankruptcy |
|
Sep. 19, 2011 | |
10-60000
|
California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing. |
Bankruptcy |
|
Sep. 15, 2011 | |
10-1253
|
Ellsworth v. Lifescape Medical Associates P.C. (In Re Ellsworth)
Bankruptcy court may dismiss chapter 13 filing with prejudice where debtor caused undue delay that prejudiced specific creditor and acted in bad faith. |
Bankruptcy |
|
Aug. 15, 2011 | |
10-60004
|
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Debtor must seek equitable subordination of first debtor’s claims by first seeking relief from stay from first debtor’s home bankruptcy court. |
Bankruptcy |
|
Aug. 4, 2011 | |
10-1362
|
Edwards v. Wells Fargo Bank N.A. (In re Edwards)
Bankruptcy court properly grants motion for relief from automatic stay where debtor had no right of redemption in property following foreclosure sale. |
Bankruptcy |
|
Jul. 29, 2011 | |
11-1002
|
Nady v. DeFrantz (In re DeFrantz)
Chapter 13 debtor’s right to convert case to chapter 7 is absolute and bankruptcy court does not need to scrutinize creditor’s motion prior to conversion. |
Bankruptcy |
|
Jul. 29, 2011 | |
10-1297
|
Orton v. Hoffman (In re Kayne)
Bankruptcy court properly imposes sanctions on attorney, who failed to ensure that client’s bankruptcy schedules listed payments on promissory note. |
Bankruptcy |
|
Jul. 29, 2011 | |
10-1525
|
Western States Glass Corp. of Northern California v. Barris (In re Bay Area Glass Inc.)
Creditor’s preferential transfer over $5,475 is not subject to exemption to avoidance under Bankruptcy Code. |
Bankruptcy |
|
Jul. 29, 2011 | |
10-15755
|
Grantham v. Cory (In re Flamingo 55 Inc.)
‘Payment’ under bankruptcy subrogation provision is not restricted to include only cash payments, and may include foreclosure sale proceeds. |
Bankruptcy |
|
Jul. 26, 2011 | |
10-60000
|
California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing. |
Bankruptcy |
|
Jul. 13, 2011 | |
10-1055
|
Veal v. American Home Mortgage Servicing Inc. (In re Veal)
Party seeking relief from stay lacks standing where it fails to establish its status as holder of note on mortgage at issue. |
Bankruptcy |
|
Jun. 28, 2011 | |
09-60054
|
J.J. Re-Bar Corp. Inc. v. United States (In re J.J. Re-Bar Corp. Inc.)
Anti-Injunction Act prohibits lawsuit alleging that debtor’s confirmed plan of reorganization precludes IRS from assessing trust fund recovery penalty. |
Bankruptcy |
|
Jun. 26, 2011 | |
10-179
|
Stern v. Marshall
Although bankruptcy court has statutory authority to issue final judgment on state tort counterclaim, it lacks constitutional authority do so. |
Bankruptcy |
|
Jun. 23, 2011 | |
10-1334
|
Samson v. Western Capital Partners LLC (In re Bixseth)
Debtor’s failure to timely file statement of intention with regard to personal property secured by debt is subject to release from automatic stay. |
Bankruptcy |
|
Jun. 19, 2011 | |
10-1344
|
Plotnick v. Hill (In re Hill)
Court orders document preparer to disgorge fees in excess of standard fee set by court where there was no evidence that she was entitled to higher fee. |
Bankruptcy |
|
Jun. 16, 2011 | |
B224896
|
Hamilton v. Greenwich Investors XXVI LLC
Claims against lender, which were known at time of bankruptcy proceedings but not disclosed in schedules, are barred from subsequent action. |
Bankruptcy |
|
Jun. 15, 2011 | |
B220441
|
M&M Foods Inc. v. Pacific American Fish Co. Inc.
Only trustee has right to compel arbitration of claims where plaintiff failed to schedule claims asserted in complaint in prior bankruptcy proceeding. |
Bankruptcy |
|
Jun. 12, 2011 | |
B224896
|
Hamilton v. Greenwich Investors XXVI LLC
Claims against lender, which were known at time of bankruptcy proceedings but not disclosed in schedules, are barred from subsequent action. |
Bankruptcy |
|
Jun. 2, 2011 | |
10-1298
|
Fry v. Dinan (In re Dinan)
Award of attorney fees in connection with judgment for nondischargeability is also nondischargeable. |
Bankruptcy |
|
May 12, 2011 | |
10-1285
|
Clinton v. Deutsche Bank National Trust Co. (In re Clinton)
Debtor's record on appeal is deficient because it does not provide transcript of stay relief hearing or findings of fact and legal conclusions. |
Bankruptcy |
|
Apr. 13, 2011 | |
10-1153
|
Meyer v. Scholz (In re Scholz)
Railroad Retirement Act benefits should not be excluded from calculation of debtor’s current monthly income for purposes of bankruptcy plan. |
Bankruptcy |
|
Apr. 13, 2011 | |
10-1309
|
Charlie Y. Inc. v. Carey (In re Carey)
In adversary proceeding, complaint sufficiently states claim for attorney fees based on provisions of promissory note and replacement guarantee. |
Bankruptcy |
|
Mar. 23, 2011 | |
10-1154
|
Reswick v. Reswick (In re James Reswick)
Wage garnishment proceeding commenced months after bankruptcy filing does not violate automatic stay because stay terminated in its entirety 30 days after filing. |
Bankruptcy |
|
Mar. 23, 2011 | |
10-1124
|
In re Tran
Bankruptcy court does not have to expressly address each of four criterion of ABA Standards when imposing sanctions for attorney misconduct. |
Bankruptcy |
|
Mar. 22, 2011 | |
10-1102
|
Honkanen v. Hopper (In re Honkanen)
Real estate broker does not act in fiduciary capacity in prior relationship and thus, judgment against her is dischargeable in bankruptcy proceeding. |
Bankruptcy |
|
Mar. 3, 2011 | |
10-1141
|
Pacific Capital Bancorp N.A. v. East Airport Development LLC (In re East Airport Development LLC)
Bankruptcy judge may enforce release price agreement between parties because party may be compelled, in legal or equitable action, to accept money satisfaction. |
Bankruptcy |
|
Mar. 2, 2011 | |
10-1117
|
Carter v. Brooms (In re Brooms)
Prepetition debt arising from judgment owed by debtor to assignee is properly discharged due to assignee's willful failure to comply with court orders. |
Bankruptcy |
|
Mar. 2, 2011 | |
09-55810
|
Barrientos v. Wells Fargo Bank N.A.
Motion for contempt for violation of discharge injunction under 11 U.S.C. Section 524 must be brought in bankruptcy case, rather than adversary proceeding. |
Bankruptcy |
|
Feb. 11, 2011 |