Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-35291
|
Snowden v. Check Into Cash of Washington Inc. (In re Snowden)
Debtor is entitled to attorney fees incurred in litigating creditor’s willful violation of automatic stay because creditor’s offer to settle did not remedy stay violation. |
Bankruptcy |
|
Sep. 14, 2014 | |
13-1554
|
Cruz v. Stein Strauss Trust #1361 (In re Cruz)
Debtor’s bankruptcy filing does not render property purchase void because property was transferred to him days after he filed his chapter 7 petition. |
Bankruptcy |
|
Sep. 2, 2014 | |
13-1455
|
Bechtold v. Gillespie (In re Gillespie)
Debtor is liable for attorney fees incurred by creditor in litigating claims that arose prepetition, because debtor affirmatively participated in underlying action. |
Bankruptcy |
|
Sep. 1, 2014 | |
12-60052
|
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Debtor may recover attorney fees incurred in litigating creditor’s appeal of bankruptcy court’s ruling, which determined creditor had violated automatic stay. |
Bankruptcy |
|
Sep. 1, 2014 | |
13-1590
|
Sterba v. PNC Bank (In re Sterba)
Bankruptcy court improperly relies on California’s choice of law rules instead of Ninth Circuit precedent in deciding timeliness of creditor’s claim. |
Bankruptcy |
|
Aug. 28, 2014 | |
12-16087
|
Mwangi v. Wells Fargo Bank N.A. (In re Mwangi)
Bankruptcy court properly dismisses chapter 7 debtors’ adversary proceeding against bank after it imposed ‘temporary administrative pledge’ due to bankruptcy petition. |
Bankruptcy |
|
Aug. 26, 2014 | |
13-1196
|
DeLuca v. Seare (In re Seare)
Bankruptcy attorney may be sanctioned for failing to obtain client’s informed consent limiting scope of representation to not include adversary proceeding. |
Bankruptcy |
|
Aug. 25, 2014 | |
13-35209
|
Mastro v. Rigby
Fugitive who fled to France may appeal judgment finding her liable for fraudulently transferring more than $1 million in bankruptcy estate assets. |
Bankruptcy |
|
Aug. 24, 2014 | |
13-1367
|
Kallman & Co. LLP v. Gottlieb (In re Lewis)
Bankruptcy court properly allows non-debtor spouse to purchase debtor’s claims when third party’s prior purchase of same claims was not consummated. |
Bankruptcy |
|
Aug. 21, 2014 | |
13-1261
|
Yellow Express LLC v. Dingley (In re Dingley)
Creditor does not violate automatic stay for maintaining contempt proceeding against debtor because it related to court-ordered sanctions for debtor’s discovery violations. |
Bankruptcy |
|
Aug. 7, 2014 | |
13-1329
|
Keys v. 701 Mariposa Project LLC (In re 701 Mariposa Project LLC)
Bankruptcy court lacks jurisdiction to disallow evicted tenant's claim because she never filed proof of claim or participated in any way in debtor’s bankruptcy case. |
Bankruptcy |
|
Aug. 3, 2014 | |
12-15186
|
Schultze v. Chandler
Bankruptcy court may exercise jurisdiction to dismiss legal malpractice action against court-appointed attorney by individuals in unsecured creditors' committee. |
Bankruptcy |
|
Aug. 3, 2014 | |
13-1318
|
In re KVN Corp. Inc.
Carve-out agreement between trustee and bank is subject to presumption of impropriety, unless trustee fulfills duties and discloses deal, which must benefit estate. |
Bankruptcy |
|
Jul. 30, 2014 | |
12-15186
|
Schultze v. Chandler
Bankruptcy court may exercise jurisdiction to dismiss legal malpractice action against court-appointed attorney by individuals in unsecured creditors' committee. |
Bankruptcy |
|
Jul. 20, 2014 | |
10-55933
|
Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)
Bankruptcy court has exclusive jurisdiction over debtors’ interest in villa, even though it was located in Mexico and their alter ego company held interest. |
Bankruptcy |
|
Jul. 6, 2014 | |
12-56329
|
Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)
Bankruptcy court properly finds Mexican national in contempt for delaying and obstructing every effort to effectuate transfer of bankruptcy estate to trustee. |
Bankruptcy |
|
Jun. 26, 2014 | |
13-299
|
Clark v. Rameker
Debtor may not exclude funds within her inherited IRA from bankruptcy estate under Bankruptcy Code’s ‘retirement funds’ exemption. |
Bankruptcy |
|
Jun. 13, 2014 | |
12-1200
|
Executive Benefits Insurance Agency v. Arkison
Bankruptcy court may not enter final judgment in cases involving 'core' proceedings, but may issue proposed findings and conclusions of law for district court to review. |
Bankruptcy |
|
Jun. 10, 2014 | |
13-1328
|
Eden Place LLC v. Perl (In re Perl)
Debtor’s filing for bankruptcy voids eviction from home he still occupied, because automatic stay protected his possessory interest in home. |
Bankruptcy |
|
Jun. 9, 2014 | |
13-1476
|
Rivera v. Orange County Probation Dept. (In re Rivera)
Mother may not discharge debt owed to county for costs it incurred during son’s incarceration because debt was a nondischaregable domestic support obligation. |
Bankruptcy |
|
Jun. 6, 2014 | |
13-1350
|
Shahrestani v. Alazzeh (In re Alazzeh)
Creditor’s complaint is untimely, despite agreement between parties to extend filing deadline, because he failed to request extension from bankruptcy court. |
Bankruptcy |
|
Apr. 28, 2014 | |
13-1465
|
Hussain v. Malik (In re Hussain)
Couple may object to chapter 7 bankruptcy discharge where they received two blank checks that were endorsed by debtor as payment on their claim. |
Bankruptcy |
|
Apr. 17, 2014 | |
12-60052
|
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Debtor may recover attorney fees incurred in litigating creditor’s appeal of bankruptcy court’s ruling, which determined creditor had violated automatic stay. |
Bankruptcy |
|
Apr. 17, 2014 | |
13-1313
|
Drummond v. Luedtke (In re Luedtke)
Bankruptcy debtors may not claim ‘older vehicle operating expense’ to lower their disposable income by $200 per month when formulating bankruptcy plan. |
Bankruptcy |
|
Apr. 11, 2014 | |
13-1273
|
Calderon v. Lang (In re Calderon)
Homeowner may claim ‘homestead exemption’ for his family residence during bankruptcy proceedings, even though he rented it out and did not currently live there. |
Bankruptcy |
|
Mar. 26, 2014 | |
13-1205
|
Stipp v. CML-NV One LLC (In re Plise)
Non-party attorney of debtor who filed for bankruptcy may not be punished for allegedly failing to comply with creditor’s request for production of documents. |
Bankruptcy |
|
Mar. 24, 2014 | |
12-1397
|
Wages v. J.P. Morgan Chase Bank N.A. (In re Wages)
Homeowners may not modify terms of their mortgage with Chapter 11 bankruptcy plan, because only security for mortgage was their principal residence. |
Bankruptcy |
|
Mar. 24, 2014 | |
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 |