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Anwar v. Johnson
Dischargeability complaints filed just after midnight on day after deadline is dismissed by bankruptcy court as untimely.
Bankruptcy Jul. 3, 2013
Marshall v. Marshall (In re Marshall)
Texas bankruptcy judge who presided over Anna Nicole Smith’s case may also preside over related bankruptcy case of her late husband’s son.
Bankruptcy Jul. 1, 2013
Arkison v. Griffin (In re Griffin)
In bankruptcy case, second-generation copy of original promissory note is sufficient to establish bank’s standing to seek relief from automatic stay.
Bankruptcy Jun. 26, 2013
Fadel v. DCB United LLC (In re Fadel)
Wife does not have ownership interest in property acquired during marriage because deed and other documents granted property to husband as 'sole and separate property.'
Bankruptcy Jun. 4, 2013
Hedlund v. The Educational Resources Institute Inc.
Law school graduate obtains partial discharge of student loans because he maximized income of $10 per hour and tried to reduce payments.
Bankruptcy May 23, 2013
Bullock v. BankChampaign N.A.
Trustee who borrowed from trust, then repaid with interest, may seek discharge of debt because there was no evidence that he acted with malicious motive.
Bankruptcy May 14, 2013
Official Committee of Unsecured Creditors v. Hancock Park Capital II LP (In re Fitness Holdings International Inc.)
Bankruptcy trustee may argue constructive fraudulent transfer claim by showing shareholder’s agreements were equity investments, rather than debt.
Bankruptcy May 1, 2013
Roth v. Educational Credit Management Corp. (In re Roth)
Bankrupt former student is entitled to hardship discharge of her student loan debt despite her lack of efforts to renegotiate her loans or obtain forbearance.
Bankruptcy Apr. 18, 2013
Rosales v. Wallace (In re Wallace)
Creditors must pay additional sanctions after they violated order by seeking damages from debtor individually and failed to seek clarification about initial sanctions.
Bankruptcy Apr. 12, 2013
Drummond v. Welsh (In re Welsh)
Proposed bankruptcy plan is made in good faith because court could not consider payments to secured creditors when making good faith determination.
Bankruptcy Mar. 25, 2013
Pierce v. Carson (In re Rader)
Bankruptcy Code preempts Arizona statute, which established procedures under which creditors could obtain deficiency judgments after non-judicial foreclosure sales.
Bankruptcy Mar. 24, 2013
O’Donnell v. Tristar Esperanza Properties LLC (Tristar Esperanza Properties LLC)
Judgment obtained by former member of limited liability company is subject to mandatory subordination provision of Bankruptcy Code.
Bankruptcy Mar. 12, 2013
Orange County's Credit Union v. Garcia (In re Garcia)
California's wildcard exemption may be used to exempt luxury car from bankruptcy because exemption may apply to exempt up to $18,350 in any property.
Bankruptcy Mar. 6, 2013
Marciano v. Chapnick (In re Marciano)
Creditors may commence involuntary bankruptcy against debtor, even if judgments obtained by them were on appeal when they filed their petition.
Bankruptcy Feb. 28, 2013
Child v. Foxboro Ranch Estates LLC (In re Child)
Arizona judgment does not have preclusive effect on debtor’s chapter 7 bankruptcy filing because of debtor's limited participation in prior proceedings.
Bankruptcy Feb. 21, 2013
Black v. Bonnie Springs Family Ltd. Partnership (In re Black)
Debts arising from state court judgment for abuse of process are excepted from discharge because debtors willfully committed acts leading to judgment.
Bankruptcy Feb. 13, 2013
Leavitt v. Finney (In re Finney)
Debtor is ineligible for discharge in her second bankruptcy case because she received chapter 7 discharge within four years of filing second case under chapter 13.
Bankruptcy Feb. 8, 2013
Newman v. Schwartzer (In re Newman)
Debtor’s tax refund is subject to turnover, even if he already spent the funds, because debtor had possession, custody, or control of property during bankruptcy case.
Bankruptcy Feb. 6, 2013
McCoy v. Kuiken (In re Kuiken)
Debtor cannot avoid judgment lien on property that he transferred and reacquired because reacquisition rendered property ‘new interest’ to which lien had attached.
Bankruptcy Jan. 10, 2013
Resource Funding Inc. v. Pacific Continental Bank (In re Washington Coast I L.L.C.)
Bankruptcy court has authority to decide dispute where creditor sought to establish first lien priority in proceeds from postpetition sale of property.
Bankruptcy Jan. 8, 2013
Collect Access LLC v. Hernandez (In re Hernandez)
Order requiring creditor to return debtor's funds to his account is proper where funds are social security benefits exempt from collection.
Bankruptcy Jan. 1, 2013
Van Zandt v. Mbunda (In re Mbunda)
Chapter 7 bankruptcy debtor may discharge debt owed to probate estate where executor failed to prove debtor’s promise to repay was false.
Bankruptcy Dec. 31, 2012
Green v. Zukerkorn (In re Zukerkorn)
Hawaii law, rather than California law, governs spendthrift trust because trust assets were located in Hawaii and administered by Hawaiian corporate trustee.
Bankruptcy Dec. 20, 2012
State of Montana v. Blixseth (In re Blixseth)
Nevada is proper venue for involuntary bankruptcy petition because debtor transferred majority of his intangible assets into two Nevada corporate entities.
Bankruptcy Dec. 18, 2012
Heritage Pacific Financial LLC v. Machuca (In re Machuca)
Creditor cannot attack debtor's attorney fee award by claiming adversary proceeding was justified when debtor’s loan was replete with red flags.
Bankruptcy Dec. 17, 2012
Cha v. Rappaport (In re Cha and Park)
Lessor may bring adversary proceeding against lessees to prevent discharge of state judgment, even if lessor did not own property.
Bankruptcy Dec. 6, 2012
Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency Inc.)
Non-creditor company falls under bankruptcy court's authority in fraudulent conveyance case where it failed to timely object to court's authority.
Bankruptcy Dec. 4, 2012
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