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Diener v. McBeth (In re Diener)
In bankruptcy case, retirement funds awarded to wife in divorce do not qualify for spousal support exemption based on marital settlement agreement. 		Bankruptcy Nov. 26, 2012
Meyer v. UST - United States Trustee Sacramento (In re Scholz)
Retired railroad employee's annuity must be included when calculating amount debtors have to repay creditors to qualify for bankruptcy protection. 		Bankruptcy Nov. 16, 2012
Leafty v. Aussie Sonoran Capital LLC (In re Leafty)
Debtor may not file second bankruptcy petition to prevent sale of her property, which she unsuccessfully challenged in prior filing. 		Bankruptcy Oct. 12, 2012
Educational Credit Management Corp. v. Jorgensen (In re Jorgensen)
Debtor does not have to pay all of her student loan debt after being diagnosed with cancer, which affected her ability to work. 		Bankruptcy Sep. 12, 2012
Ng v. Farmer (In re Ng)
Chapter 7 case cannot move forward when debtor used his income to contribute to his retirement plan and was able to repay creditors. 		Bankruptcy Sep. 10, 2012
Danielson v. Flores (In re Flores)
Bankruptcy court is mistaken in not allowing debtors to confirm 36-month plan of reorganization because shorter Chapter 13 plans are allowed. 		Bankruptcy Sep. 4, 2012
Bendon v. Reynolds (In re Reynolds)
Bankruptcy estate is entitled to no more that 25 percent of debtor’s beneficiary interest in spendthrift trusts. 		Bankruptcy Aug. 27, 2012
Far East National Bank v. United States Trustee San Diego (In re Premier Golf Properties LP)
Debtor golf club is not prohibited from using cash collateral because postpetition revenue from green fees and driving range fees are not bank's cash collateral. 		Bankruptcy Aug. 15, 2012
Tober v. Lang (In re Tober)
Debtors are entitled to exemptions for life insurance policies and annuities because Arizona statutes do not require listed beneficiaries to be dependents. 		Bankruptcy Aug. 13, 2012
Parks v. Drummond (In re Parks)
Chapter 13 debtors' voluntary postpetition retirement contributions must be excluded when calculating their disposable income. 		Bankruptcy Aug. 8, 2012
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava)
Chapter 7 trustee's requested fees at statutory rate are presumed to be reasonable absent extraordinary circumstances. 		Bankruptcy Jul. 26, 2012
Caviata Attached Homes LLC v. U.S. Bank N.A. (In re Caviata Attached Homes LLC)
Debtor fails to show that allegedly unforeseeable economic downturn was extraordinary change in circumstances warranting second chapter 11 filing. 		Bankruptcy Jul. 20, 2012
Beal Bank USA v. Windmill Durango Office LLC (In re Windmill Durango Office LLC)
Bankruptcy court properly denies creditor's motion to permit it to change ballot where creditor withdrew its vote without first establishing cause. 		Bankruptcy Jul. 18, 2012
Ackerman v. Eber (In re Eber)
Bankruptcy court has discretion to decline to enforce applicable arbitration provision where arbitration would conflict with underlying purposes of Bankruptcy Code. 		Bankruptcy Jul. 10, 2012
Caviata Attached Homes LLC v. U.S. Bank N.A. (In re Caviata Attached Homes LLC)
Debtor fails to show that allegedly unforeseeable economic downturn was extraordinary change in circumstances warranting second chapter 11 filing. 		Bankruptcy Jul. 3, 2012
Schwartz-Tallard v. America's Servicing Co. (In re Schwartz-Tallard)
Appellate attorney fees are not precluded under 'Sternberg' where debtor is not offensively pursuing damages for stay violation. 		Bankruptcy Jul. 2, 2012
Leavitt v. Alexander (In re Alexander)
Debtor’s mobile kitchen trailer qualifies for exemption as 'vehicle' under Nevada Revised Statute Section 21.090(1)(f) because statute does not expressly exclude trailers. 		Bankruptcy Jun. 29, 2012
Levesque v. Shapiro (In re Levesque)
Debtors' motion to convert chapter 7 bankruptcy case to chapter 11 bankruptcy case is denied where debtors failed to disclose unliquidated claim against third party. 		Bankruptcy Jun. 28, 2012
Allen v. US Bank National Association (In re Allen)
Bank has standing to assert claim where lost note affidavit was sufficient to replace original note and gave bank status as ‘person entitled to enforce’ instrument. 		Bankruptcy Jun. 24, 2012
Samson v. Western Capital Partners LLC (In re Blixseth)
Motion for relief from automatic stay is properly granted where debtor fails to timely file and comply with required statement of intent. 		Bankruptcy Jun. 21, 2012
Wilcox v. Parker (In re Parker)
Judicial estoppel does not apply where there was no conflict between default judgment obtained by debtor in prior bankruptcy case and subsequent judgment in debtor’s favor. 		Bankruptcy May 30, 2012
RadLAX Gateway Hotel LLC v. Amalgamated Bank
Debtors fail to obtain confirmation of Chapter 11 cramdown plan, which provided for sale of property free and clear of bank's lien, but did not allow bank to credit-bid at auction. 		Bankruptcy May 29, 2012
Hall v. United States
Federal income tax liability resulting from post Chapter 12 petition farm sale is neither collectible nor dischargeable because it is not 'incurred by the estate.' 		Bankruptcy May 14, 2012
First Yorkshire Holdings Inc. v. Pacifica L 22 LLC (In re First Yorkshire Holdings Inc.)
Bankruptcy court abuses its discretion in finding lack of equity in lien interest in property without making findings establishing value of property. 		Bankruptcy May 13, 2012
Meyer v. Lepe (In re Lepe)
Debtor files proposed chapter 13 plan in good faith despite proposal to strip second mortgage in his house while he was supposedly solvent. 		Bankruptcy May 10, 2012
Meyer v. Renteria (In re Renteria)
Bankruptcy court may not deny confirmation of debtor’s plan solely because plan prefers co-debtor consumer claim over all other unsecured claims. 		Bankruptcy May 8, 2012
Jefferies v. Carlson (In re Jefferies)
Debtor is not entitled to homestead exemption where sale of homestead was made pursuant to Divorce Decree and had element of legal compulsion. 		Bankruptcy May 1, 2012
Cedano v. Aurora Loan Services LLC (In re Cedano)
Debtor’s adversary proceeding alleging wrongful foreclosure based on failure to comply with procedural requirements is properly dismissed because foreclosure sale had been completed. 		Bankruptcy Apr. 29, 2012
Deitz v. Ford (In re Deitz)
Despite recent Supreme Court decision, bankruptcy courts have constitutional authority to hear and finally determine what claims are non-dischargeable in bankruptcy case. 		Bankruptcy Apr. 24, 2012
State of California Employment Development Dept. v. Hansen (In re Hansen)
Unemployment insurance tax does not give rise to nondischargeable debt because it is not 'tax required to be collected' from third party. 		Bankruptcy Apr. 23, 2012
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