Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-1055
|
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 | |
11-1702
|
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 | |
11-55452
|
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 | |
11-1433
|
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 | |
11-1508
|
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 | |
11-60018
|
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 | |
11-1366
|
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 | |
11-1389
|
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 | |
11-1620
|
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 | |
11-1728
|
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 | |
10-56772
|
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 | |
11-1620
|
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 | |
11-1429
|
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 | |
11-1114
|
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 | |
11-1742
|
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 | |
11-1537
|
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 | |
11-60042
|
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 | |
11-1566
|
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 | |
11-166
|
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 | |
10-875
|
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 | |
11-1144
|
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 | |
11-1349
|
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 | |
11-1502
|
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 | |
11-1484
|
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 | |
11-1189
|
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 | |
11-1427
|
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 | |
11-1320
|
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 | |
10-60040
|
Wolfe v. Jacobson (In re Jacobson)
Under California's homestead exemption, debtor must reinvest proceeds from foreclosure sale in new homestead within six months of receipt or lose exemption. |
Bankruptcy |
|
Apr. 23, 2012 | |
11-1100
|
Kirton v. Valley Health System (In re Valley Health System)
Bankruptcy court lacks post-confirmation jurisdiction over petition to enforce alleged rights under retirement plan because petition did not contain claims based on bankruptcy law or case. |
Bankruptcy |
|
Apr. 10, 2012 | |
11-1478
|
Mattson v. Howe (In re Mattson)
While bankruptcy court erroneously used substantial and unanticipated change test, error is harmless because proposed plan modification fails good faith analysis test as well. |
Bankruptcy |
|
Apr. 9, 2012 |