Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-1366
|
Frates v. Wells Fargo Bank N.A. (In re Frates)
In denying debtors’ motion for creditor’s default, bankruptcy court incorrectly relies on California’s procedural rules, rather than federal bankruptcy rules. |
Bankruptcy |
|
Mar. 17, 2014 | |
13-1339
|
Wu v. Markosian (In re Markosian)
Debtors may reclaim $100,000 post-petition bonus from bankruptcy estate, because they converted their bankruptcy from Chapter 11 to Chapter 7. |
Bankruptcy |
|
Mar. 14, 2014 | |
12-1633
|
Sachan v. Huh (In re Huh)
Sales agent’s fraud cannot be imputed to debtor for purposes of excepting discharge of debt where debtor was not aware of agent’s fraudulent conduct. |
Bankruptcy |
|
Mar. 12, 2014 | |
13-1300
|
Francis v. Wallace (In re Francis)
Ex-husband must still pay ex-wife’s credit card debts, as he agreed to during their divorce, despite filing for chapter 7 bankruptcy. |
Bankruptcy |
|
Mar. 12, 2014 | |
13-1119
|
Brosio v. Deutsche Bank National Trust Co. (In re Brosio)
Debtor may not obtain attorney fees as a ‘prevailing party’ when creditor voluntarily decided to dismiss its own attorney fee claim against her. |
Bankruptcy |
|
Mar. 10, 2014 | |
12-5196
|
Law v. Siegel
Bankruptcy court cannot ‘surcharge’ bankrupt man’s $75,000 homestead exemption to pay bankruptcy trustee’s attorney fees in overcoming man’s fraud. |
Bankruptcy |
|
Mar. 5, 2014 | |
13-1034
|
Daecharkhom v. Waugh Real Estate Holdings LLC (In re Daecharkhom)
Debtor is entitled to entire award of $8,456 in fees because ‘special circumstances’ did not exist that would warrant denial, let alone reduction, of fees. |
Bankruptcy |
|
Feb. 20, 2014 | |
13-1251
|
Dale v. Maney (In re Dale)
Married couple must pay their creditors with $30,000 inheritance from husband’s mother, which he received after they filed for bankruptcy. |
Bankruptcy |
|
Feb. 7, 2014 | |
13-1041
|
DeNoce v. Neff (In re Neff)
In chapter 7 bankruptcy case, debtor no longer has to pay $310,000 judgment, despite claim that he transferred property to avoid paying judgment. |
Bankruptcy |
|
Feb. 6, 2014 | |
13-1137
|
Wank v. Gordon (In re Wank)
California attorney, who declared bankruptcy, may not have to repay investors he convinced to invest in fraudulent currency speculation scheme. |
Bankruptcy |
|
Jan. 31, 2014 | |
13-1099
|
Bendetti v. Gunness (In re Gunness)
Wife gets rid of attorney fees owed to husband’s ex-wife because they do not have familial relationship to protect debt from discharge under bankruptcy law. |
Bankruptcy |
|
Jan. 21, 2014 | |
13-1264
|
Hudson v. Martingale Investments LLC (In re Hudson)
Bankruptcy court may not allow sale of debtor's home by relying on email 'sales report' regarding company's purchase of home before bankruptcy filing. |
Bankruptcy |
|
Jan. 21, 2014 | |
12-1516
|
Hosseini v. Key Bank N.A. (In re Hosseini)
Former medical student cannot make lender pay his attorney fees after he successfully eliminated his student debt during bankruptcy proceedings. |
Bankruptcy |
|
Jan. 13, 2014 | |
11-16019
|
Shapiro v. Henson
Bankruptcy trustee may force debtor to turn over money in checking account when she filed for bankruptcy, even though she no longer had it. |
Bankruptcy |
|
Jan. 10, 2014 | |
13-1229
|
Tracht Gut LLC v. County of Los Angeles Treasurer and Tax Collector (In re Tracht Gut LLC)
Debtor may not invalidate County of Los Angeles' tax sales of its properties based on ‘unbelievably bad’ complaint, which did not support its claims. |
Bankruptcy |
|
Jan. 7, 2014 | |
13-1145
|
Rediger Investment Corp. v. H Granados Communications Inc. (In re H Granados Communications Inc.)
Law firm must pay sanctions for continuing to pursue unlawful detainer action despite automatic stay imposed by bankruptcy proceedings. |
Bankruptcy |
|
Dec. 31, 2013 | |
12-35665
|
Jones v. U.S. Trustee, Eugene
Bankruptcy judge properly revokes discharge of debts because debtor lied about worth and existence of assets during bankruptcy proceedings. |
Bankruptcy |
|
Dec. 2, 2013 | |
13-1173
|
Mele v. Mele (In re Mele)
Ex-husband gets another shot at setting aside divorce judgment against him based on his squandering of large portion of 401(k) to buy personal items. |
Bankruptcy |
|
Dec. 1, 2013 | |
13-299
|
Clark v. Rameker
Order |
Bankruptcy |
|
Nov. 26, 2013 | |
12-1579
|
Heritage Pacific Financial LLC v. Montano (In re Montano)
Lender cannot pursue $89,990 note that borrower used to purchase home, even though borrower purportedly engaged in fraud in obtaining loan. |
Bankruptcy |
|
Nov. 5, 2013 | |
12-1567
|
Gasprom Inc. v. Fateh (In re Gasprom Inc.)
Creditor may not foreclose on gas station when bankruptcy court’s abandonment order failed to terminate automatic stay protection for gas station. |
Bankruptcy |
|
Oct. 30, 2013 | |
12-17466
|
Fireman's Fund Insurance Co. v. Plant Insulation Co. (In re Plant Insulation Co.)
Insurers make insulation company, subject to numerous asbestos lawsuits, redo bankruptcy plan because trust did not fully control its new business. |
Bankruptcy |
|
Oct. 29, 2013 | |
12-1362
|
Utnehmer v. Crull (In re Utnehmer)
Developer may erase debt to investors during bankruptcy proceedings because their loan agreement for luxury home project did not make them business partners. |
Bankruptcy |
|
Oct. 15, 2013 | |
12-1470
|
Alakozai v. Citizens Equity First Credit Union (In re Alakozai)
Credit union may sell borrowers’ property and evict them because they filed multiple bankruptcy petitions to delay sale. |
Bankruptcy |
|
Oct. 4, 2013 | |
11-60065
|
Wilshire Courtyard v. California Franchise Tax Board (In re Wilshire Courtyard)
Bankruptcy court may hear dispute between partnership and tax board involving allegedly unpaid taxes because it related to court’s approval of bankruptcy plan. |
Bankruptcy |
|
Sep. 11, 2013 | |
11-55452
|
Danielson v. Flores (In re Flores)
Debtors must pay their unsecured claims over five years because their monthly income is above-median, regardless of projected disposable income. |
Bankruptcy |
|
Aug. 30, 2013 | |
11-16133
|
Carpenters Pension Trust Fund for Northern California v. Moxley
Construction contractor does not have to pay debt to pension fund during bankruptcy proceedings because debt resulted from him ceasing to make payments to fund. |
Bankruptcy |
|
Aug. 21, 2013 | |
12-1441
|
Nordeen v. Bank of America N.A. (In re Nordeen)
Borrowers are not entitled to relief following default on promissory note because securitization of their loan contract did not render trust deed unenforceable. |
Bankruptcy |
|
Aug. 13, 2013 | |
11-60000
|
Perle v. Fiero (In re Perle)
Securities dealer may reopen bankruptcy proceeding four years after debtor's debts were discharged because it did not have notice of proceeding. |
Bankruptcy |
|
Aug. 5, 2013 | |
12-1496
|
Kipperman v. IRS (In re 800Ideas.com Inc.)
IRS' claim against bankruptcy estate based on late filing penalties for tax returns is not afforded special priority for administrative expenses. |
Bankruptcy |
|
Jul. 30, 2013 |