Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-56405
|
Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211
As creditor, plaintiff lacks standing to bring RICO claims on behalf of bankruptcy estate. |
Bankruptcy |
|
Jun. 27, 2006 | |
05-128
|
Howard Delivery Service Inc. v. Zurich American Insurance Co.
Insurance carriers' claims for unpaid workers' compensation premiums owed by employer fall outside priority allowed by Bankruptcy Code, 11 U.S.C. Section 507(a)(5). |
Bankruptcy |
|
Jun. 16, 2006 | |
05-1286
|
Wolff v. Johnson (In re Johnson)
Bankruptcy court erred in concluding that approved attorney fees remaining unpaid as of date of debtor's discharge would be discharged. |
Bankruptcy |
|
Jun. 13, 2006 | |
03-56601
|
Sherman v. SEC
Settlement agreement between debtor and receiver did not distinguish interest SEC had in debtors' bankruptcy petition. |
Bankruptcy |
|
Jun. 13, 2006 | |
04-35319
|
Sea Hawk Seafoods Inc. v. State of Alaska (In re Valdez Fisheries Development Association Inc.)
Bankruptcy court did not have jurisdiction over adversary proceeding between two creditors brought after dismissal of underlying bankruptcy case. |
Bankruptcy |
|
Jun. 6, 2006 | |
05-1293
|
Nelson v. Meyer (In re Nelson)
Bankruptcy court abused its discretion when it failed to afford debtor opportunity to propose modified plan following denial of plan confirmation. |
Bankruptcy |
|
Jun. 2, 2006 | |
05-1104
|
Guastella v. Hampton (In re Guastella)
In determining debtor's schedules were not prepared in good faith, bankruptcy court properly looked to state court record. |
Bankruptcy |
|
Apr. 26, 2006 | |
05-1163
|
Gaughan v. Smith (In re Smith)
Proceeds from sale of Arizona debtors' home lost exempt status when debtors failed to reinvest proceeds in another homestead within 18 months. |
Bankruptcy |
|
Apr. 26, 2006 | |
05-1148
|
Khaligh v. Hadaegh (In re Khaligh)
In bankruptcy case, arbitration satisfied elements of adjudicatory procedure, and confirmed award qualifies for issue preclusion. |
Bankruptcy |
|
Apr. 9, 2006 | |
04-15258
|
DeRoche v. Arizona Industrial Commission (In re DeRoche)
Attorney fees for litigating federal bankruptcy issues are not available to Chapter 7 debtors. |
Bankruptcy |
|
Apr. 7, 2006 | |
05-1054
|
Wilson v. Arkison (In re Wilson)
Debtor was not entitled to Washington's homestead exemption when final divorce decree divested debtor of ownership interest in home. |
Bankruptcy |
|
Apr. 6, 2006 | |
05-1139
|
Rus, Miliband & Smith APC v. Yoo (In re Dick Cepek Inc.)
Debtor's counsel was not required to disgorge fees drawn from prepetition retainer for purpose of equalizing distributions to all administrative claimants. |
Bankruptcy |
|
Apr. 6, 2006 | |
05-1086
|
Tippett v. Irwin Mortgage Co. (In re Tippett)
Fraudulent transfer of real property to bona fide purchaser, where debtors hold record title, is not void simply because it is unauthorized. |
Bankruptcy |
|
Apr. 3, 2006 | |
04-15503
|
Burnett v. Resurgent Capital Services (In re Burnett)
Court could not reach merits of bankruptcy claim because debtors waived all issues raised on appeal. |
Bankruptcy |
|
Mar. 20, 2006 | |
04-1456
|
Ozenne v. Bendon (In re Ozenne)
Filing petition for bankruptcy relief automatically stays enforcement of lien against debtor's property. |
Bankruptcy |
|
Mar. 12, 2006 | |
04-1148
|
Yarnall v. Four Aces Emporium Inc. (In re Boganski)
Creditor failed to establish that incorrect finance charge was bona fide error. |
Bankruptcy |
|
Feb. 27, 2006 | |
04-15180
|
Salazar v. McDonald (In re Salazar)
As used in 11 U.S.C. Section 507(a)(6), 'deposit' may include advance handing over of full payment for consumer goods or services. |
Bankruptcy |
|
Feb. 14, 2006 | |
03-55963
|
Miles v. Okun (In re Miles)
Bankruptcy court properly dismissed appellants' complaints because they lacked standing to seek damages under 11 U.S.C. Section 303(i). |
Bankruptcy |
|
Feb. 14, 2006 | |
05-1168
|
Welther v. Donell (In re Oakmore Ranch Management)
Remand is unnecessary where appellant didn't include tentative ruling in record but other evidence established finding appellant was beneficial owner of trust. |
Bankruptcy |
|
Feb. 9, 2006 | |
03-57164
|
Moldo v. Ash (In re Thomas)
During review, Bankruptcy Appellate Panel erroneously excluded relevant findings relating to bankruptcy court's judgment. |
Bankruptcy |
|
Feb. 3, 2006 | |
03-56818
|
Weinstein, Eisen & Weiss LLP v. Gill (In re Cooper Commons LLC)
Lender of bankrupt debtor can specify that post-petition loans it makes may be used only for certain purposes. |
Bankruptcy |
|
Feb. 2, 2006 | |
05-1004
|
Sallie Mae Servicing Corp. v. Ransom
Accrued, unpaid interest on student loans was not discharged on completion of Chapter 13 plan. |
Bankruptcy |
|
Feb. 2, 2006 | |
03-16538
|
Rains v. Flinn (In re Rains)
Debtor placed retirement plan funds in bankruptcy estate by agreeing in settlement to allow denial of exemption claim to those funds. |
Bankruptcy |
|
Jan. 18, 2006 | |
04-1505
|
Lee v. TCAST Communications Inc. (In re Lee)
In bankruptcy case, court properly granted summary judgment because doctrine of full faith and credit applied. |
Bankruptcy |
|
Jan. 13, 2006 | |
05-1012
|
Campbell v. Verizon Wireless S-CA (In re Campbell)
Where debtors have not shown actual disagreement as to their liability or amounts claimed by creditors, objections are inadequate to disallow claims. |
Bankruptcy |
|
Jan. 12, 2006 | |
04-1284
|
American Express Travel Related Services Co. Inc. v. Vinhnee (In re Vinhnee)
Court's refusal to admit creditor's electronic business records in absence of proper authentication was appropriate. |
Bankruptcy |
|
Jan. 12, 2006 | |
04-55107
|
Pluma v. Tax Collector for the County of San Diego
Judgment of Bankruptcy Appellate Panel, reversing bankruptcy court's decision, is upheld. |
Bankruptcy |
|
Jan. 5, 2006 | |
03-56818
|
Weinstein, Eisen & Weiss LLP v. Gill (In re Cooper Commons LLC)
Lender of bankrupt debtor can specify that post-petition loans it makes may be used only for certain purposes. |
Bankruptcy |
|
Dec. 11, 2005 | |
03-56314
|
Boeing North America Inc. v. Ybarra (In re Ybarra)
Portion of attorney fees incurred after bankruptcy petition based on pre-petition cause of action is not discharged. |
Bankruptcy |
|
Dec. 11, 2005 | |
03-16364
|
Sasson v. Sokoloff (In re Sasson)
State court money judgment does not deprive bankruptcy court of jurisdiction to enter its own judgment. |
Bankruptcy |
|
Dec. 6, 2005 |