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Hoskins v. Citigroup Inc. (In re Viola)
Bank is not transferee for purpose of avoidance of fraudulent transfers claim where bank did not have sufficient control over funds to direct their disbursement.
Bankruptcy Apr. 9, 2012
Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
Bankruptcy reorganization plan is not ‘insurance neutral’ for purposes of standing in bankruptcy court when it has substantial economic impact on insurers.
Bankruptcy Apr. 3, 2012
Kekauoha-Alisa v. Ameriquest Mortgage Co. (In re Kekauoha-Alisa)
Mortgage company fails to meet 'public announcement' requirement for postponing foreclosure sale where representative attended auction, but did not openly announce postponement.
Bankruptcy Mar. 26, 2012
Friedman v. P+P LLC (In re Friedman)
Bankruptcy court’s order denying confirmation of plan is improper because ‘absolute priority rule’ does not apply in individual debtor chapter 11 cases.
Bankruptcy Mar. 20, 2012
Warfield v. Salazar (In re Salazar)
Tax refund received by debtors during pendency of chapter 13 case is no longer property of bankruptcy estate after debtors spent it in good faith.
Bankruptcy Mar. 18, 2012
Klestadt & Winters LLP v. Cangelosi
District court's sanction order is not appealable final decision because more flexible jurisdictional principles do not apply to district judges sitting in bankruptcy.
Bankruptcy Mar. 6, 2012
Wells Fargo Bank v. Loop 76 LLC (In re Loop 76 LLC)
Separate classification of creditor bank's claim from other unsecured claims is appropriate where claim was dissimilar due to third-party source for recovery.
Bankruptcy Feb. 26, 2012
Drummond v. Welsh (In re Welsh)
Chapter 13 plan is proposed in good faith where debtors did not engage in misconduct, and excluded income and deducted expenses that Bankruptcy Code allows.
Bankruptcy Feb. 24, 2012
Nash v. Clark County District Attorney's Office (In re Nash)
Bankruptcy court correctly refuses to grant sanctions against district attorney because bankruptcy courts should not interfere in decisions to pursue criminal charges.
Bankruptcy Feb. 23, 2012
Mullen v. Hamlin (In re Hamlin)
Debtor may exempt funds in individual retirement account, which was inherited from non-spouse, from bankruptcy estate.
Bankruptcy Feb. 23, 2012
SS Farms LLC v. Sharp (In re SK Foods L.P.)
Court lacks appellate jurisdiction over bankruptcy court’s interlocutory orders denying removal of trustee and return of records seized pursuant to trustee’s duties.
Bankruptcy Feb. 10, 2012
Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
Bankruptcy court may refuse to enforce arbitration provision if arbitration conflicts with underlying purposes of Bankruptcy Code, even in core proceedings.
Bankruptcy Jan. 31, 2012
Meruelo Maddux Properties-760 S. Hill Street LLC v. Bank of America N.A. (In re Meruelo Maddux Properties Inc.)
Entity that appears to meet all elements of single asset real estate is not entitled to ‘whole enterprise exception’ where statute provides none.
Bankruptcy Jan. 30, 2012
Searcy v. Ada County Prosecuting Attorney’s Office (In re Searcy)
Attorney fees awarded to county following prisoner’s frivolous lawsuits are not dischargeable debts in bankruptcy proceeding.
Bankruptcy Jan. 27, 2012
Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
Bankruptcy reorganization plan is not ‘insurance neutral’ for purposes of standing in bankruptcy court when it has substantial economic impact on insurers.
Bankruptcy Jan. 25, 2012
Pioneer Construction Inc. v. Global Investment Corp.
Complaint to foreclose on mechanic’s lien is timely where time period is tolled during bankruptcy proceedings.
Bankruptcy Jan. 16, 2012
Bay Federal Credit Union v. Ong (In re Ong)
Court lacks authority to scrutinize reaffirmation agreement where debtor is represented by counsel, agreement complied with statute, and no undue hardship existed.
Bankruptcy Jan. 4, 2012
De La Salle v. U.S. Bank, N.A. as Trustee for the Certificateholders of Structured Adjustable Rate Mortgage Loan Trust (In re De La Salle)
Creditors are parties in interest with standing to convert or dismiss under Bankruptcy Code Section 1307(c), even if their claims are still pending.
Bankruptcy Jan. 4, 2012
Benafel v. One West Bank FSB (In re Benafel)
In determining whether real property is debtor’s principal residence for purposes of entitlement to protection from modification, petition date should be used.
Bankruptcy Jan. 4, 2012
Pioneer Construction Inc. v. Global Investment Corp.
Complaint to foreclose on mechanic’s lien is timely where time period is tolled during bankruptcy proceedings.
Bankruptcy Dec. 22, 2011
Barnes v. Belice (In re Belice)
Debtor's alleged misrepresentations are dischargeable 'statements respecting debtor's financial condition' if they purported to present picture of overall financial health.
Bankruptcy Dec. 21, 2011
U.S. Trustee v. Tamm (In re Hokulani Square Inc.)
Credit bid does not constitute 'moneys disbursed' for purposes of calculating trustee’s compensation because bid is not commonly used as medium of exchange.
Bankruptcy Nov. 28, 2011
The Margulies Law Firm APLC v. Placide (In re Placide)
Court properly finds attorney’s claimed fees unreasonable where fees are grossly disproportionate to potential amount recoverable from bankruptcy proceeding.
Bankruptcy Oct. 31, 2011
Marciano v. Fahs (In re Marciano)
Unstayed state judgments entered against debtor following terminating sanctions are not default judgments and therefore, are not in bona fide dispute in bankruptcy proceedings.
Bankruptcy Oct. 18, 2011
California Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)
Bankruptcy court lacks subject matter jurisdiction over dispute arising under state tax law, rather than Bankruptcy Code.
Bankruptcy Oct. 18, 2011
Winterton v. Humitech of Northern California LLC (In re Blue Pine Group Inc.)
Bankruptcy court's imposition of sanctions against attorney is appropriate where he filed bankruptcy without corporate authorization and failed to conduct reasonable inquiry.
Bankruptcy Sep. 22, 2011
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Master repurchase agreements that clearly indicate parties’ intent that all transactions be treated as sales and purchases are true sales, not secured transactions.
Bankruptcy Sep. 21, 2011
BAC Home Loans Servicing LP v. Abdelgadir (In re Abdelgadir)
Petition date is determinative date for whether claim is secured by debtor’s principal residence subject to anti-modification provision in Bankruptcy Code.
Bankruptcy Sep. 21, 2011
Pacific Resource Credit Union v. Fish (In re Fish)
Creditor’s pre-deadline filings indicating amounts due on loans and intent to hold debtor liable constitute informal proof of claim, relating back to original filing.
Bankruptcy Sep. 21, 2011
Sherman v. SEC (In re Sherman)
Exception to discharge for securities-related wrongdoing does not apply where debtor is not culpable for securities violation that caused debt.
Bankruptcy Sep. 19, 2011