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California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing. 		Bankruptcy Sep. 15, 2011
Ellsworth v. Lifescape Medical Associates P.C. (In Re Ellsworth)
Bankruptcy court may dismiss chapter 13 filing with prejudice where debtor caused undue delay that prejudiced specific creditor and acted in bad faith. 		Bankruptcy Aug. 15, 2011
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Debtor must seek equitable subordination of first debtor’s claims by first seeking relief from stay from first debtor’s home bankruptcy court. 		Bankruptcy Aug. 4, 2011
Edwards v. Wells Fargo Bank N.A. (In re Edwards)
Bankruptcy court properly grants motion for relief from automatic stay where debtor had no right of redemption in property following foreclosure sale. 		Bankruptcy Jul. 29, 2011
Nady v. DeFrantz (In re DeFrantz)
Chapter 13 debtor’s right to convert case to chapter 7 is absolute and bankruptcy court does not need to scrutinize creditor’s motion prior to conversion. 		Bankruptcy Jul. 29, 2011
Orton v. Hoffman (In re Kayne)
Bankruptcy court properly imposes sanctions on attorney, who failed to ensure that client’s bankruptcy schedules listed payments on promissory note. 		Bankruptcy Jul. 29, 2011
Western States Glass Corp. of Northern California v. Barris (In re Bay Area Glass Inc.)
Creditor’s preferential transfer over $5,475 is not subject to exemption to avoidance under Bankruptcy Code. 		Bankruptcy Jul. 29, 2011
Grantham v. Cory (In re Flamingo 55 Inc.)
‘Payment’ under bankruptcy subrogation provision is not restricted to include only cash payments, and may include foreclosure sale proceeds. 		Bankruptcy Jul. 26, 2011
California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing. 		Bankruptcy Jul. 13, 2011
Veal v. American Home Mortgage Servicing Inc. (In re Veal)
Party seeking relief from stay lacks standing where it fails to establish its status as holder of note on mortgage at issue. 		Bankruptcy Jun. 28, 2011
J.J. Re-Bar Corp. Inc. v. United States (In re J.J. Re-Bar Corp. Inc.)
Anti-Injunction Act prohibits lawsuit alleging that debtor’s confirmed plan of reorganization precludes IRS from assessing trust fund recovery penalty. 		Bankruptcy Jun. 26, 2011
Stern v. Marshall
Although bankruptcy court has statutory authority to issue final judgment on state tort counterclaim, it lacks constitutional authority do so. 		Bankruptcy Jun. 23, 2011
Samson v. Western Capital Partners LLC (In re Bixseth)
Debtor’s failure to timely file statement of intention with regard to personal property secured by debt is subject to release from automatic stay. 		Bankruptcy Jun. 19, 2011
Plotnick v. Hill (In re Hill)
Court orders document preparer to disgorge fees in excess of standard fee set by court where there was no evidence that she was entitled to higher fee. 		Bankruptcy Jun. 16, 2011
Hamilton v. Greenwich Investors XXVI LLC
Claims against lender, which were known at time of bankruptcy proceedings but not disclosed in schedules, are barred from subsequent action. 		Bankruptcy Jun. 15, 2011
M&M Foods Inc. v. Pacific American Fish Co. Inc.
Only trustee has right to compel arbitration of claims where plaintiff failed to schedule claims asserted in complaint in prior bankruptcy proceeding. 		Bankruptcy Jun. 12, 2011
Hamilton v. Greenwich Investors XXVI LLC
Claims against lender, which were known at time of bankruptcy proceedings but not disclosed in schedules, are barred from subsequent action. 		Bankruptcy Jun. 2, 2011
Fry v. Dinan (In re Dinan)
Award of attorney fees in connection with judgment for nondischargeability is also nondischargeable. 		Bankruptcy May 12, 2011
Clinton v. Deutsche Bank National Trust Co. (In re Clinton)
Debtor's record on appeal is deficient because it does not provide transcript of stay relief hearing or findings of fact and legal conclusions. 		Bankruptcy Apr. 13, 2011
Meyer v. Scholz (In re Scholz)
Railroad Retirement Act benefits should not be excluded from calculation of debtor’s current monthly income for purposes of bankruptcy plan. 		Bankruptcy Apr. 13, 2011
Charlie Y. Inc. v. Carey (In re Carey)
In adversary proceeding, complaint sufficiently states claim for attorney fees based on provisions of promissory note and replacement guarantee. 		Bankruptcy Mar. 23, 2011
Reswick v. Reswick (In re James Reswick)
Wage garnishment proceeding commenced months after bankruptcy filing does not violate automatic stay because stay terminated in its entirety 30 days after filing. 		Bankruptcy Mar. 23, 2011
In re Tran
Bankruptcy court does not have to expressly address each of four criterion of ABA Standards when imposing sanctions for attorney misconduct. 		Bankruptcy Mar. 22, 2011
Honkanen v. Hopper (In re Honkanen)
Real estate broker does not act in fiduciary capacity in prior relationship and thus, judgment against her is dischargeable in bankruptcy proceeding. 		Bankruptcy Mar. 3, 2011
Pacific Capital Bancorp N.A. v. East Airport Development LLC (In re East Airport Development LLC)
Bankruptcy judge may enforce release price agreement between parties because party may be compelled, in legal or equitable action, to accept money satisfaction. 		Bankruptcy Mar. 2, 2011
Carter v. Brooms (In re Brooms)
Prepetition debt arising from judgment owed by debtor to assignee is properly discharged due to assignee's willful failure to comply with court orders. 		Bankruptcy Mar. 2, 2011
Barrientos v. Wells Fargo Bank N.A.
Motion for contempt for violation of discharge injunction under 11 U.S.C. Section 524 must be brought in bankruptcy case, rather than adversary proceeding. 		Bankruptcy Feb. 11, 2011
Green v. Roberts (In re Stinson)
In determining perfected transfer, transfer of interest in vehicle is effective when transferee obtained equitable title despite failure to register with DMV. 		Bankruptcy Feb. 2, 2011
Ransom v. FIA Card Services
Debtor may not deduct car-ownership costs in calculating disposable income for bankruptcy plan where car is not subject to loan or lease payments. 		Bankruptcy Jan. 11, 2011
Nowak v. Hummel (In re Hummel)
Arizona law requires child of debtor named as beneficiary in life insurance policy to be debtor’s dependent for purposes of obtaining exemption. 		Bankruptcy Dec. 14, 2010
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