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Name Category Published
Bank of America N.A. v. Caulkett
Debtor may not void junior mortgage under Bankruptcy Code Section 506(d) even if debt owed on senior mortgage exceeds present value of property. 		Bankruptcy Jun. 1, 2015
Bronitsky v. Bea (In re Bea)
Debtor's chapter 13 plan does not necessarily violate Bankruptcy Code even if it deferred equal payments to secured creditors. 		Bankruptcy Jun. 1, 2015
Partida v. U.S. Dept. of Justice (In re Partida)
Government may enforce bankruptcy debtor's criminal restitution obligations by garnishing her retirement and pension without violating automatic stay. 		Bankruptcy May 28, 2015
Harris v. Viegelahn
Accumulated post-petition wages must be returned to debtor after conversion of Chapter 13 to Chapter 7 bankruptcy. 		Bankruptcy May 18, 2015
Plyam v. Precision Development LLC (In re Plyam)
State court judgment of punitive damages does not have preclusive effect because it does not meet 'wilfullness' required for nondischargeability under Bankruptcy Code Section 523(a)(6). 		Bankruptcy May 7, 2015
Stahl v. Simon (In re Adamson Apparel Inc.)
Guarantor-insider is absolved of any preference liability to which he might otherwise have been subject to. 		Bankruptcy May 6, 2015
Bullard v. Blue Hill Bank
Order denying chapter 13 debtor's proposed repayment plan is nonappealable because debtor remained free to propose another plan. 		Bankruptcy May 4, 2015
Elliott v. Weil (In re Elliot)
Trustee cannot revoke discharge debtor obtained through alleged fraud because trustee filed adversary proceeding more than one year after discharge. 		Bankruptcy Apr. 23, 2015
Heers v. Parsons (In re Heers)
Judgment debts are excepted from discharge due to Debtor’s defalcations while acting as fiduciary in underlying probate matters. 		Bankruptcy Apr. 16, 2015
In re: Charles G. Mahakian
Section 523(a)(3)(A) precludes discharge of creditor’s claim and excusable neglect does not excuse debtor’s untimely filed proof of claim. 		Bankruptcy Apr. 14, 2015
In re Salamon
Foreclosure sale that extinguishes creditor’s lien on debtor’s property also extinguishes his ability to apply rights under 11 U.S.C. §1111(b)(1)(A). 		Bankruptcy Apr. 7, 2015
Pensco Trust Co. v. Tristar Esperanza Properties LLC (In re Tristar Esperanza Properties LLC)
Judgment creditor’s claim is subject to mandatory subordination under Bankruptcy Code because claim for damages arose from sale of debtor’s security. 		Bankruptcy Apr. 2, 2015
Institute of Imaginal Studies dba Meridian University v. Christoff (In re Christoff)
Debt owed to for-profit university by former student is not excepted from discharge absent receipt of actual funds. 		Bankruptcy Mar. 31, 2015
In re Goldstein
Debtors’ claims against bank are part of bankruptcy estate because they accrued prepetition. 		Bankruptcy Mar. 3, 2015
Schlegel v. Billingslea (In re Schlegel)
Debtors’ failure to pay percentage dividend under confirmed plan within applicable time period warrants dismissal. 		Bankruptcy Feb. 26, 2015
Davis v. U.S. Bank N.A. (In re Davis)
Legal obligations enforceable against debtor’s property, but not against debtor, are included in calculation to determine her eligibility for chapter 12 bankruptcy filing. 		Bankruptcy Feb. 18, 2015
Tamm v. UST – United States Trustee, Honolulu (In re Hokulani Square Inc.)
Chapter 7 bankruptcy trustee may not collect fees on credit bid transaction where no money was exchanged. 		Bankruptcy Jan. 27, 2015
Rund v. Bank of America Corp. (In re EPD Investment Co. LLC)
Bankruptcy Code limitations period for avoiding fraudulent transfers preempts state-law. 		Bankruptcy Jan. 9, 2015
Sullivan v. Harnisch (In re Sullivan)
Debtor’s bankruptcy filing is not made in bad faith although debtor filed it shortly after state court entered judgment against him. 		Bankruptcy Dec. 29, 2014
Elliott v. Weil (In re Elliott)
Bankruptcy court must allow debtor’s claimed homestead exemption, despite his bad-faith conduct, unless valid statutory basis exists for denial. 		Bankruptcy Dec. 12, 2014
Khan v. Barton (In re Khan)
State court judgment is not subject to mandatory subordination in individual debtors’ bankruptcy filings because it was not related to distribution of corporate assets. 		Bankruptcy Dec. 11, 2014
Gray v. Warfield (In re Gray)
Bankruptcy court may not disallow debtors’ amendment claiming exemption for prepaid rent based on debtors’ alleged bad faith conduct. 		Bankruptcy Dec. 11, 2014
Starky v. Birdsell (In re Starky)
Bankruptcy court may award reasonable attorney fees and costs against debtors for dragging proceeding for too long due to inaction. 		Bankruptcy Dec. 9, 2014
Mano-Y&M Ltd. v. Field (In re The Mortgage Store Inc.)
Bankruptcy court properly deems seller as initial transferee in connection with adversary proceeding seeking avoidance of fraudulent transfer despite harsh result. 		Bankruptcy Dec. 7, 2014
Ellis v. Yu (In re Ellis)
Bankruptcy court cannot grant extraordinary ‘in rem’ relief to property owner who was not a secured creditor in debtor’s chapter 7 bankruptcy filing. 		Bankruptcy Nov. 20, 2014
Aspen Skiing Co. v. Cherrett (In re Cherrett)
Former employer, who loaned funds to debtor to purchase home in Colorado, cannot dismiss debtor’s chapter 7 bankruptcy case by arguing loan was consumer debt. 		Bankruptcy Nov. 13, 2014
Rev Op Group v. ML Manager LLC (In re Mortgages Ltd.)
Loan operator may not sell bankruptcy estate property of real estate investment lender where lender’s investors were not bound by agency agreements. 		Bankruptcy Nov. 12, 2014
Rev Op Group v. ML Manager LLC (In re Mortgages Ltd.)
Bankruptcy order approving distribution of proceeds from liquidation of real estate investment lender’s loan portfolio must stand when investors fail to seek stay of orders. 		Bankruptcy Nov. 12, 2014
Weakly-Hoyt v. Foster
Plastic surgeon may not set aside default based on malpractice plaintiff’s allegedly improper service of statement of damages in light of bankruptcy filing. 		Bankruptcy Oct. 21, 2014
Hawkins v. Franchise Tax Board of California
Tax debts may not be excepted from bankruptcy discharge based on willful attempt to evade debts, where debtor simply spent beyond income. 		Bankruptcy Sep. 15, 2014
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