Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-56799
|
Harbin v. Sherman (In re Harbin)
Bankruptcy court is required to evaluate claim where it could affect feasibility of debtor's plan of reorganization. |
Bankruptcy |
|
Apr. 27, 2007 | |
05-15605
|
Brown v. Wilshire Credit Corp. (In re Brown)
Minute order granting motion for summary judgment is not final judgment triggering appeal. |
Bankruptcy |
|
Apr. 27, 2007 | |
05-35455
|
Wood v. Stratos Product Development LLC
Where debt repayment is parties' first transaction, practice with others determines whether payments fall within 'ordinary' business exception to preferential transfers prohibition. |
Bankruptcy |
|
Apr. 20, 2007 | |
06-1328
|
Hoopai v. Countrywide Home Loans Inc. (In re Hoopai)
Creditor who 'monitors' its own impediment to debtor's completion of sale is not prevailing party entitled to attorney fees. |
Bankruptcy |
|
Apr. 18, 2007 | |
06-1274
|
Benz v. DTRIC Insurance Co. (In re Benz)
Insurance company's unwillingness to defend lawsuit is not per se violation of automatic stay. |
Bankruptcy |
|
Apr. 18, 2007 | |
06-1085
|
New Falls Corporation v. Boyajian (In re Boyajian)
Creditor who obtained its interest by assignment need not establish its own reliance on debtor's fraudulent financial statement for debt to be nondischargable. |
Bankruptcy |
|
Apr. 18, 2007 | |
06-1048
|
Lopez v. Emergency Service Restoration Inc. (In re Lopez)
Bankruptcy court errs in conflating 'Rooker-Feldman' doctrine with rules of preclusion. |
Bankruptcy |
|
Apr. 18, 2007 | |
06-1200
|
Carnduff v. U.S. Dept. of Education (In re Carnduff)
Student loan debtors who are young, healthy and educated may not be granted full discharge of their debt. |
Bankruptcy |
|
Apr. 18, 2007 | |
06-1267
|
Mendez v. Salven (In re Mendez)
Bankruptcy Court retains jurisdiction over Chapter 7 case where debtor waives strict compliance with 'credit counseling' requirement. |
Bankruptcy |
|
Apr. 18, 2007 | |
05-35246
|
Wiersma v. Bank of the West
Bankruptcy Appellate Panel lacks jurisdiction over appeal from secured status order previously dismissed for debtor's failure to prosecute. |
Bankruptcy |
|
Apr. 13, 2007 | |
06-1207
|
State Board of Equalization v. Leal (In re Leal)
Debtors, general partners in business, cannot use California Revenue and Taxation Code Section 6829 as shield from liability for unpaid business sales taxes. |
Bankruptcy |
|
Apr. 5, 2007 | |
06-1198
|
Simpson v. Burkart (In re Simpson)
Debtor's annuity contract is not exempt as life insurance or as private retirement plan. |
Bankruptcy |
|
Apr. 5, 2007 | |
05-1429
|
Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.
Where petitioner issued security bond for company that filed for bankruptcy, court erroneously disallows petitioner's claim for attorney fees. |
Bankruptcy |
|
Mar. 23, 2007 | |
03-16814
|
Law Offices of David A. Boone v. Derham-Burk (In re Eliapo)
In Chapter 13 case, bankruptcy court's use of presumptive 'no-look' guideline fees was proper. |
Bankruptcy |
|
Mar. 21, 2007 | |
G035739
|
Credit Managers Association of California v. Countrywide Home Loans Inc.
Bankruptcy Code, 11 U.S.C. Section 547, does not pre-empt Code of Civil Procedure Section 1800 regarding recovery of preferences. |
Bankruptcy |
|
Mar. 21, 2007 | |
06-1132
|
Taxel v. Chase Manhattan Bank (In re Deuel)
Trustee's statutory strong arm power cannot be defeated by constructive notice of unrecorded interest disclosed by documents accompanying debtor's bankruptcy petition. |
Bankruptcy |
|
Mar. 14, 2007 | |
A113024
|
Circle Star Center Associates v. Liberate Technologies
Party may recover attorney fees, incurred in obtaining dismissal of bankruptcy proceeding, in state court action following dismissal of bankruptcy proceeding. |
Bankruptcy |
|
Mar. 7, 2007 | |
06-1109
|
Alonso v. Summerville (In re Summerville)
Confirmed Chapter 13 plan does not bar debtor from contesting obligation to pay creditor outside of plan. |
Bankruptcy |
|
Mar. 7, 2007 | |
04-17190
|
Frankfort Digital Services Ltd. v. Kistler (In re Reynoso)
Seller of web-based software that prepares bankruptcy petitions may qualify as 'bankruptcy petition preparer' under 11 U.S.C. Section 110. |
Bankruptcy |
|
Mar. 7, 2007 | |
06-1223
|
Kendall v. Lynch (In re Lynch)
Upon conversion, 'implicit valuation' of debtor's residence made in confirmation of Chapter 13 plan is not binding on Chapter 7 trustee. |
Bankruptcy |
|
Mar. 2, 2007 | |
06-1005
|
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption. |
Bankruptcy |
|
Feb. 27, 2007 | |
05-996
|
Marrama v. Citizens Bank of Massachusetts
Where debtor acted in bad faith, he was not entitled to convert his Chapter 7 bankruptcy case to Chapter 13 case under 11 U.S.C. Section 706(a). |
Bankruptcy |
|
Feb. 22, 2007 | |
06-1223
|
Kendall v. Lynch (In re Lynch)
Where Chapter 13 case is converted to Chapter 7, court improperly grants motion to compel abandonment of residence by trustee. |
Bankruptcy |
|
Feb. 16, 2007 | |
06-1005
|
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption. |
Bankruptcy |
|
Feb. 16, 2007 | |
03-15303
|
Beck v. Pace International Union
Merger into multiemployer plan is considered permissible means of terminating pension plan under ERISA. |
Bankruptcy |
|
Jan. 29, 2007 | |
04-56334
|
Agarwal v. Pomona Valley Medical Group Inc. (In re Pomona Valley Medical Group Inc.)
Chapter 11 debtor's rejection of executory agreement does not automatically extinguish claimant's cause of action for retaliatory termination or unfair competition. |
Bankruptcy |
|
Jan. 23, 2007 | |
06-1065
|
Cashco Financial Services v. McGee (In re McGee)
Bankruptcy court did not abuse its discretion in requiring proof of material facts and in refusing to enter default judgment. |
Bankruptcy |
|
Jan. 12, 2007 | |
05-1495
|
Educational Credit Management Corp. v. McBurney (In re McBurney)
Consolidation loan made postpetition extinguished debtor's liability on prepetition student loans and is not subject to undue hardship attack. |
Bankruptcy |
|
Jan. 5, 2007 | |
06-1005
|
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption. |
Bankruptcy |
|
Jan. 5, 2007 | |
04-55396
|
Henry v. Lehman Commercial Paper Inc. (In re First Alliance Mortgage Co.)
Lender's aiding and abetting borrower's fraud is not 'gross and egregious' misconduct that would warrant equitable subrogation of lender's claims. |
Bankruptcy |
|
Dec. 20, 2006 |