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Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.'
Bankruptcy Feb. 8, 2016
Elliott v. Well (In re Elliott)
Debtor not entitled to claim homestead exemption to property he elaborately concealed and vigorously attempted to shield from judgment creditors and bankruptcy trustee.
Bankruptcy Feb. 2, 2016
Zachary v. California Bank & Trust (In re Zachary)
Absolute priority rule applies in individual chapter 11 reorganizations even after enactment of amendments to Bankruptcy Code under Bankruptcy Abuse Prevention and Consumer Protection Act.
Bankruptcy Jan. 29, 2016
In re Adinolfi
Court errs in holding that Adoption Assistance benefits chapter 13 debtor receives are not covered by Social Security Act exclusion.
Bankruptcy Jan. 22, 2016
In re Perl
Court errs in determining owner of property purchased through non-judicial foreclosure sale violated automatic stay provisions of Bankruptcy Code by evicting chapter 13 debtor.
Bankruptcy Jan. 11, 2016
Gladstone v. U.S. Bancorp
Debtor's interests in term life insurance policy, including secondary market value of such policy and resulting life settlements, constitute recoverable interest under 11 U.S.C. Section 548(a)(1).
Bankruptcy Jan. 11, 2016
In re Swintek
Upon first impression, 11 U.S.C. Section 108(c) tolls the one-year expiration period for Application and Order for Appearance and Examination (ORAP) liens.
Bankruptcy Dec. 23, 2015
In re Martin
Although increasing number of courts have adopted literal construction of the definition of "return" in dischargeability statute, this approach rejected in light of contextual reading.
Bankruptcy Dec. 21, 2015
Free v. Malaier (In re Free)
Wholly-unsecured liens previously discharged in chapter 7 filing cannot be used to calculate debtors' eligibility for subsequent chapter 13 filing.
Bankruptcy Dec. 21, 2015
In re Stijakovich-Santilli
Chapter 7 trustee's objection to debtor's claim of exemption is not untimely; court errs in construing bankruptcy rule regarding exception to 30 day objection deadline.
Bankruptcy Dec. 17, 2015
Franklin High Yield Tax-Free Income Fund v. City of Stockton (In re City of Stockton)
Bankruptcy court applies doctrine of equitable mootness to dismiss creditor's challenge over confirmation of City of Stockton's plan involving its chapter 9 bankruptcy filing.
Bankruptcy Dec. 15, 2015
In re Delia Ruiz
Not an 'extraordinary circumstance' per se, where trustee's requested compensation exceeds payment to unsecured creditors.
Bankruptcy Dec. 15, 2015
In re Jackson
Bankruptcy court correctly overrules chapter 13 debtors' claim objection to IRS's amended proof of claim.
Bankruptcy Dec. 9, 2015
Carpenter v. Montana Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)
Montana's tax claim for unpaid corporate taxes takes priority status in corporate officers' personal bankruptcy case.
Bankruptcy Nov. 20, 2015
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Precedent allowing debtor to recover only fees incurred to end stay violation overruled, allowing debtor to recover fees incurred to prosecute damages action.
Bankruptcy Oct. 15, 2015
Mainline Equipment, Inc.
Bankruptcy court properly set aside tax liens imposed by Los Angeles County against property owner.
Bankruptcy Oct. 5, 2015
Lakhany v. Khan (Lakhany)
Bankruptcy court grants creditor relief from stay, allowing creditor to proceed with state action claim against creditor.
Bankruptcy Oct. 2, 2015
In re Penrod
A debtor who prevails in a contract dispute on the basis of federal bankruptcy law may recover reasonable attorney's fees under California Civil Code Section 1717.
Bankruptcy Oct. 2, 2015
In the Matter of: Blendheim
Bankruptcy Code permits Chapter 20 debtors to permanently void a lien upon completion of Chapter 13 plan, irrespective of their eligibility to obtain discharge.
Bankruptcy Oct. 2, 2015
In re Marriage of Walker
Proceeds from sale of community property home should be distributed equally; spouse not entitled to greater share because of her chapter 7 bankruptcy discharge.
Bankruptcy Oct. 1, 2015
In the Matter of: Tower Park Props.
Trust beneficiary is not 'party of interest' under bankruptcy code and therefore lacks standing to object to settlement between debtor, trust's entities and trustees.
Bankruptcy Sep. 29, 2015
Ezra v. Seror (In re Ezra)
Chapter 7 bankruptcy trustee may avoid allegedly fraudulent transfers where debtors' pattern of practice evidenced intent to hinder, delay, or defraud creditors.
Bankruptcy Sep. 24, 2015
JPMCC 2007-C1 Grasslawn Lodging LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties Inc.)
Upon rehearing, appeal of Lender who objected to debtors' plan of reorganization is not equitably moot.
Bankruptcy Sep. 16, 2015
Sahagun v. Landmark Fence Co. Inc. (In re Landmark Fence Co. Inc.)
Appellate court lacks jurisdiction to preside over appeal over district court's order, vacating bankruptcy court's decision and remanding for further fact finding because order is not 'final.'
Bankruptcy Sep. 14, 2015
In re Pham
Bankruptcy court cannot rely on local rules to sanction nonparty debtors and their attorney in deposition dispute.
Bankruptcy Sep. 4, 2015
Bos v. Board of Trustees
Employer's debt dischargeable in Chapter 7 proceeding because he is not fiduciary under Section 523(a)(4) of Bankruptcy Code.
Bankruptcy Jul. 30, 2015
Double Bogey L.P. v. Enea
Debtor may not be considered a fiduciary under Bankruptcy Code Section 523(a)(4) solely by application of California's alter ego doctrine.
Bankruptcy Jul. 22, 2015
In re Boukatch
Bankruptcy Code does not prevent chapter 20 debtors from stripping unsecured junior liens despite the lack of eligibility for chapter 13 discharge.
Bankruptcy Jul. 13, 2015
MacKenzie v. Neidorf (In re Neidorf)
Debtor does not have to turnover post-petition payment received from national settlement between banks and regulators because it is not property of estate.
Bankruptcy Jul. 13, 2015
In re Transwest Resort Properties
Appeal of Lender who objected to debtors' plan of reorganization is not equitably moot.
Bankruptcy Jul. 1, 2015