Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
08-1119
|
Milavetz, Gallop & Milavetz P.A. v. United States
Agencies violate Bankruptcy Abuse Prevention and Consumer Protection Act only if impetus of advice to incur more debt is expectation of filing for bankruptcy. |
Bankruptcy |
|
Mar. 8, 2010 | |
08-60033
|
USAA Federal Savings Bank v. Thacker (In re Taylor)
Bankruptcy court has discretion to award trustee value of avoided security interest, but it errs in determining security interest’s value. |
Bankruptcy |
|
Feb. 28, 2010 | |
09-1142
|
Groshong v. Sapp (In re MILA Inc.)
Automatic stay is properly modified so that director/officer can receive assistance with defense costs from debtor’s insurer. |
Bankruptcy |
|
Feb. 12, 2010 | |
09-1100
|
Lehman Commercial Paper Inc. v. Palmdale Hills Property LLC (In re Palmdale Hills Property LLC)
Although creditor attempted to collect its claim, debtor’s filing for equitable subordination against creditor violates creditor’s chapter 11 bankruptcy automatic stay. |
Bankruptcy |
|
Feb. 10, 2010 | |
07-16870
|
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. |
Bankruptcy |
|
Feb. 9, 2010 | |
08-60024
|
State Bar of California v. Findley (In re Findley)
Attorney disciplinary costs imposed by California State Bar Court are excepted from discharge in bankruptcy. |
Bankruptcy |
|
Feb. 2, 2010 | |
07-55266
|
Chase Manhattan Bank USA N.A. v. Taxel (In re Deuel)
Bankruptcy trustee as bona fide purchaser for value is not subject to unrecorded lien listed in schedules filed simultaneously with bankruptcy petition. |
Bankruptcy |
|
Jan. 29, 2010 | |
09-1155
|
Greenpoint Mortgage Funding Inc. v. Herrera (In re Herrera)
Provisions of addendum incorporated into debtors’ chapter 13 debt-repayment plans do not improperly modify mortgage creditors’ contractual rights. |
Bankruptcy |
|
Jan. 20, 2010 | |
08-15572
|
Ormsby v. First American Title Co. of Nevada (In re Ormsby)
State court judgment against debtor due to larceny is non-dischargeable where totality of circumstances showed that debtor acted with fraudulent intent. |
Bankruptcy |
|
Jan. 11, 2010 | |
09-1134
|
Sticka v. Applebaum (In re Applebaum)
California’s bankruptcy-only exemptions are not preempted by federal Bankruptcy Code. |
Bankruptcy |
|
Jan. 7, 2010 | |
07-56310
|
Harris v. Wittman (In re Harris)
Bankruptcy court has jurisdiction over state law breach of contract claim against trustee for trustee's conduct surrounding sale of estate assets. |
Bankruptcy |
|
Dec. 22, 2009 | |
09-1066
|
Nilsen v. Neilson (In re Cedar Funding Inc.)
Quasi-judicial immunity protects trustee from defamation claim where trustee made statements while performing functions in administration of bankruptcy estate. |
Bankruptcy |
|
Dec. 14, 2009 | |
09-1145
|
California Franchise Tax Board v. Jones (In re Jones)
Income tax obligation is only entitled to priority status if actually filed during three-year period prior to filing of bankruptcy petition. |
Bankruptcy |
|
Dec. 14, 2009 | |
09-1040
|
J.J. Re-Bar Corp. Inc. v. United States (In re J.J. Re-Bar Corp. Inc.)
Confirmation of reorganization plan does not preclude IRS from collecting payroll taxes where plan did not expressly enjoin IRS from pursuing collection. |
Bankruptcy |
|
Nov. 18, 2009 | |
08-15027
|
Congrejo Investments LLC v. Mann (In re Bender)
Bankruptcy Appellate Panel's order remanding case for fact-finding is neither final nor appealable unless purpose of remand was 'mechanical or computational.' |
Bankruptcy |
|
Nov. 5, 2009 | |
08-1339
|
Waag v. Permann (In re Waag)
Prepetition judgment is not necessary to qualify for discharge exception that applies when damages are awarded against debtor due to individual’s death. |
Bankruptcy |
|
Nov. 3, 2009 | |
07-16870
|
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. |
Bankruptcy |
|
Oct. 22, 2009 | |
08-1332
|
Yarnall v. Martinez (In re Martinez)
Obligation to junior lienholder, who is ‘stripped’ and reclassified as unsecured creditor, may not be considered when calculating debtor’s disposable income. |
Bankruptcy |
|
Oct. 20, 2009 | |
08-1311
|
American Express Bank FSB v. Smith (In re Smith)
Bankrupt debtors cannot deduct debt payments that are not being paid where property had been surrendered on debtor's own volition. |
Bankruptcy |
|
Oct. 20, 2009 | |
09-1069
|
Hopkins v. Cerchione (In re Cerchione)
Bankrupt couple using proceeds from home sale to build new homestead automatically receives exemption without having to record or reside on property. |
Bankruptcy |
|
Oct. 14, 2009 | |
07-16067
|
Greene v. Savage (In re Greene)
Exemption of debtor's property during bankruptcy is not limited by homestead declaration or land acquisition more than 1,215 days before filing. |
Bankruptcy |
|
Oct. 5, 2009 | |
07-16870
|
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. |
Bankruptcy |
|
Oct. 2, 2009 | |
08-60002
|
Dumont v. Ford Motor Credit Co. (In re Dumont)
Debtor's selection of eliminated 'ride-through' option terminates automatic stay and entitles creditor to repossession upon default. |
Bankruptcy |
|
Sep. 16, 2009 | |
07-15868
|
Countrywide Home Loans Inc. v. Hoopai (In re Hoopai)
Under 11 U.S.C. Section 506(b), oversecured creditor is entitled to attorney fees incurred prior to confirmation of debtor's Chapter 13 plan. |
Bankruptcy |
|
Sep. 15, 2009 | |
07-15976
|
Imperial Merchant Services Inc. v. Hunt
Debt collector may not recover both service charge and pre-judgment interest on returned check. |
Bankruptcy |
|
Sep. 2, 2009 | |
08-15451
|
Craig v. Educational Credit Management Corp. (In re Craig)
Bankruptcy court must determine what portion of student loan debt is dischargeable based on expenses necessary for maintaining standard of living. |
Bankruptcy |
|
Aug. 28, 2009 | |
07-56819
|
Khalil v. Developers Surety & Indemnity Co. (In re Khalil)
Discharge of debt is disallowed where debtor's fraudulent intent was proved by evidence of recklessness and other circumstantial evidence. |
Bankruptcy |
|
Aug. 25, 2009 | |
07-15676
|
Joye v. State of California Franchise Tax Board (In re Joye)
Debtors' outstanding taxes are properly discharged where debtors were incapable of paying taxes during pendency of case. |
Bankruptcy |
|
Aug. 24, 2009 | |
08-15066
|
Ransom v. MBNA America Bank (In re Ransom)
For Chapter 13 plan, debtor must have loan or lease payments on vehicle to claim vehicle ownership deduction. |
Bankruptcy |
|
Aug. 17, 2009 | |
08-55301
|
Egebjerg v. Anderson (In re Egebjerg)
Repayment of loan from retirement plan cannot be deducted from calculation of debtor's monthly income for Chapter 7 bankruptcy purposes. |
Bankruptcy |
|
Aug. 5, 2009 |