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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Clark v. Rameker
Order
Bankruptcy Nov. 26, 2013
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
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
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
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
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
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
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
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
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
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
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