Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-1589
|
Khachikyan v. Hahn (In re Khachikyan)
Dismissal of case as 'substantial abuse' of Chapter 7 was erroneous absent nexus between credit card abuse and filing. |
Bankruptcy |
|
Nov. 29, 2005 | |
04-16443
|
Beck v. Fort James Corp.
Company cannot sue liquidating trustee in foreign jurisdiction without leave of bankruptcy court. |
Bankruptcy |
|
Nov. 21, 2005 | |
03-56340
|
Stine v. Diamond (In re Flynn)
Co-owner of real property sold in bankruptcy sale is entitled to share of sale proceeds. |
Bankruptcy |
|
Nov. 11, 2005 | |
B177971
|
Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Larson
Debt owed to law firm that arose before confirmation of reorganization plan is extinguished by payment provision in plan. |
Bankruptcy |
|
Nov. 11, 2005 | |
04-1566
|
Roberts v. Erhard (In re Roberts)
Bankruptcy court may not deny discharge on basis of finding of careless and reckless failure to disclose. |
Bankruptcy |
|
Nov. 9, 2005 | |
04-1374
|
Singer Asset Finance Co. v. Gallagher (In re Gallagher)
UCC provision does not apply to structured settlements arising out of tort or to structured settlements containing non-assignment clause. |
Bankruptcy |
|
Oct. 17, 2005 | |
04-1324
|
Heath v. American Express Travel Related Services Co. (In re Heath)
Insufficiency of creditors' proof of claims against debtors was not basis to disallow claims under Bankruptcy Code. |
Bankruptcy |
|
Oct. 17, 2005 | |
04-1533
|
Alcove Investment Inc. v. Conceicao (In re Conceicao)
Creditor's first judgment was inadequate to create lien when debtors' social security numbers were omitted from abstract. |
Bankruptcy |
|
Oct. 10, 2005 | |
02-16466
|
Pilate v. Burrell (In re Burrell)
Issue of M.C. Hammer's contract with producer was moot by bankruptcy court's intervening decision. |
Bankruptcy |
|
Oct. 5, 2005 | |
03-16979
|
AMB Property LP v. Official Creditors for the Estate of AB Liquidating Corp. (In re AB Liquidating Corp.)
Security deposit paid by bankrupt tenant must be deducted from landlord's capped claim rather than gross damages. |
Bankruptcy |
|
Oct. 5, 2005 | |
03-35411
|
Scott v. U.S. Trustee (In re Doser)
Preparer of bankruptcy petition violated federal law by engaging in deceptive and unfair acts pertaining to clients. |
Bankruptcy |
|
Sep. 27, 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 |
|
Sep. 14, 2005 | |
04-1452
|
Smyth v. City of Oakland (In re Brooks-Hamilton)
Attorney who presented frivolous arguments on behalf of bankruptcy debtor was properly sanctioned. |
Bankruptcy |
|
Sep. 2, 2005 | |
04-1029
|
American Wagering Inc. v. Racusin (In re American Wagering Inc.)
Financial advisor's compensation in equity is subject to subordination where he reduced it to money judgment on eve of bankruptcy. |
Bankruptcy |
|
Aug. 30, 2005 | |
04-16699
|
Cossu v. Jefferson Pilot Securities Corp. (In re Cossu)
Bankruptcy court will reconsider damages owed to investment firm by registered representative who deceived customers. |
Bankruptcy |
|
Aug. 29, 2005 | |
03-35894
|
Snavely v. Miller (In re Miller)
Automatic stay enjoined bankruptcy court from entering award of attorney fees until after expiration or lifting of stay. |
Bankruptcy |
|
Aug. 23, 2005 | |
04-1570
|
Donald v. Curry (In re Donald)
Transfer of bankruptcy case from California to Georgia based on debtor's domicile was valid. |
Bankruptcy |
|
Aug. 16, 2005 | |
G033023
|
Casey v. U.S. Bank National Assoc.
Bank cannot be liable for aiding depositor's breach of fiduciary duty absent actual knowledge of fraud. |
Bankruptcy |
|
Aug. 9, 2005 | |
03-55251
|
Ehrenberg v. California State University, Fullerton Foundation (In re Beachport Entertainment)
Bankruptcy Appellate Panel's dismissal of trustee's appeal was inappropriately harsh sanction. |
Bankruptcy |
|
Aug. 9, 2005 | |
03-16112
|
United States v. Fowler (In re Fowler)
Debtors' employment tax debt retains its administrative expense status upon conversion from Chapter 11 to Chapter 13 bankruptcy. |
Bankruptcy |
|
Aug. 9, 2005 | |
03-55247
|
Sherwood Partners v. Lycos (In re: Sherwood)
California Civil Procedure Code Section 1800, which allows avoidance of preferential transfers, is preempted by Bankruptcy Code. |
Bankruptcy |
|
Aug. 9, 2005 | |
03-15610
|
Jett v. Sicroff (In re Sicroff)
Because debtor's libelous statements constituted willful and malicious injury, resulting debt is not dischargeable. |
Bankruptcy |
|
Jul. 26, 2005 | |
04-1327
|
Sunahara v. Burchard (In re Sunahara)
Chapter 13 debtor may pay off 36-month plan early even if unsecured creditors will not be paid in full. |
Bankruptcy |
|
Jul. 15, 2005 | |
04-1143
|
Lone Star Security & Video Inc. v. Gurrola (In re Gurrola)
Debtor may rely on his bankruptcy discharge to defeat postpetition judgment rendered on prepetition debt. |
Bankruptcy |
|
Jul. 15, 2005 | |
04-1423
|
Moncur v. Agricredit Acceptance Co. (In re Moncur)
Doctrines of claim and issue preclusion obviate need for repetitive nondischargeability actions. |
Bankruptcy |
|
Jul. 5, 2005 | |
02-16903
|
Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may recover damages for emotional distress without needing to show violation of bankruptcy stay was egregious. |
Bankruptcy |
|
Jun. 17, 2005 | |
04-1442
|
Movitz v. Baker (In re Triple Star Welding Inc.)
Attorney may not be entitled to fees when he failed to disclose several aspects of his pre-petition relationship to debtor. |
Bankruptcy |
|
Jun. 15, 2005 | |
04-1462
|
Salomon North America v. Knupfer (In re Wind 'n Wave)
Attorney representing creditor in prosecution of involuntary petition is entitled to fees though creditor incurred no other actual expenses. |
Bankruptcy |
|
Jun. 15, 2005 | |
04-1350
|
Simantob v. Claims Prosecutor LLC (In re Lahijani)
Sale of estate assets over objection of creditors must be 'fair and equitable.' |
Bankruptcy |
|
Jun. 15, 2005 | |
04-1165
|
County of Ventura Tax Collector v. Brawders (In re Brawders)
Judgment awarding damages for violation of automatic stay based on erroneous interpretation of confirmed plan must be reconsidered. |
Bankruptcy |
|
Jun. 7, 2005 |