Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-60014
|
In re Anderson
Panel affirmed decision to grant debtor homestead exemption despite moving out of property after petition date. |
Bankruptcy |
|
P. Curiam (9th Cir.) | Mar. 2, 2021 |
20-1174
|
In re Lisa Gay Mellem
Advancement on inheritance does not amount to collecting a debt 'as a personal liability' of the debtor within meaning of bankruptcy discharge injunction. |
Bankruptcy |
|
C. Klein | Mar. 1, 2021 |
20-1182
|
In re Lance B. Haynie
Washington Supreme Court would follow last-in-time rule, giving preclusive effect to last judgment despite prior inconsistent judgment. |
Bankruptcy |
|
R. Faris | Feb. 19, 2021 |
19-357
|
Chicago v. Fulton
Mere retention of estate property after filing of bankruptcy petition does not violate Bankruptcy Code Section 362(a)(3). |
Bankruptcy |
|
S. Alito | Jan. 15, 2021 |
20-1050
|
In re Koshkalda
Although appellant was properly declared vexatious litigant, pre-filing order in main bankruptcy case was overbroad and prefiling order in adversary proceeding was not necessary. |
Bankruptcy |
|
G. Spraker | Dec. 16, 2020 |
20-1039
|
In re John Jean Bral
Bankruptcy Code preempted state law causes of action because they arose from debtor's filing of voluntary bankruptcy petition on behalf of his company. |
Bankruptcy |
|
G. Spraker | Dec. 4, 2020 |
16-35402
|
In re Taggart
Civil contempt is appropriate where there is no objectively reasonable basis for concluding that creditor's conduct was lawful. |
Bankruptcy |
|
C. Bea | Nov. 25, 2020 |
17-60032
|
In re Brace
Bankruptcy court's determination that community property presumption applied to Appellants' second property was vacated because record was unclear regarding when Appellants acquired that property. |
Bankruptcy |
|
D. Ezra | Nov. 10, 2020 |
20-1085
|
In re Phillip Johnny Rodriguez and Jennifer Lynn Rodriguez
Bankruptcy court properly concluded that Debtors' vehicle operation expense was limited to the numerical value specified in the Internal Revenue Service's Local Standards table. |
Bankruptcy |
|
L. Taylor | Oct. 21, 2020 |
19-1334
|
In re Rudolf Sienega
Bankruptcy court correctly found notifying California Franchise Tax Board of federal tax adjustments via fax did not constitute 'informal returns' under Bankruptcy Code Section 523(a)(1)(B). |
Bankruptcy |
|
R. Faris | Oct. 8, 2020 |
20-1025
|
In re Dennis Berkovich and Marina Voloshin
Report required under Revenue and Taxation Code Section 18622(a) is an 'equivalent report' within the meaning of Bankruptcy Code Section 523(a)(1)(B). |
Bankruptcy |
|
R. Faris | Oct. 8, 2020 |
18-17445
|
Amended Opinion: In re Nanette Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths. |
Bankruptcy |
|
P. Bumatay | Sep. 25, 2020 |
18-60016
|
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment. |
Bankruptcy |
|
D. Collins | Sep. 17, 2020 |
19-60029
|
In re Augustine Pena III
Chapter 7 trustee did not abandon rents by abandoning properties from which they were collected; thus, the funds remained the property of the bankruptcy estate. |
Bankruptcy |
|
P. Bumatay | Sep. 8, 2020 |
18-17445
|
In re Nanette Sisk
Order |
Bankruptcy |
|
Sep. 2, 2020 | |
19-1299
|
In re Rudolph Medina aka Rudy Medina
Bankruptcy court erred in requiring trustee to prove actual harm or actual damages under Uniform Voidable Transactions Act. |
Bankruptcy |
|
R. Faris | Aug. 18, 2020 |
20-1032
|
In re Donald Hugh Nichols and Jane Ann Nichols
Bankruptcy court properly converted chapter 13 case to chapter 7 for bad faith conduct, despite debtors' 11 U.S.C. Section 1307(b) dismissal motion. |
Bankruptcy |
|
L. Taylor | Aug. 18, 2020 |
18-17421
|
In re Edwin Earl Elliott
Appellant could not reclaim his retirement funds because he filed the bankruptcy petition after the execution lien on his retirement funds had already been satisfied. |
Bankruptcy |
|
R. Paez | Aug. 13, 2020 |
18-55688
|
Mather Bobka v. Toyota Motor Credit Corp.
Debtors' lease assumptions survive discharge even if they are not reaffirmed under 11 U.S.C. Section 524(c). |
Bankruptcy |
|
E. Miller | Aug. 4, 2020 |
19-1325
|
In re Jasper Stevens and Brenda Louise Murray Stevens
Debtors must include assets in their schedule of assets and liability, and not just in their statement of financial affairs, for technical abandonment to apply on case closure. |
Bankruptcy |
|
L. Taylor | Jul. 23, 2020 |
19-1245
|
In re Shawne Merriman
Bankruptcy court has power to retroactively annul stay to permit state court action to be litigated under Bankruptcy Code Section 362(d). |
Bankruptcy |
|
W. Lafferty | Jul. 23, 2020 |
19-1230
|
In re Chad Paul Delannoy
Purchasing chapter 7 bankruptcy debtor's appeal rights does not guarantee victory in asserting the preclusive effect of the judgment. |
Bankruptcy |
|
L. Taylor | Jun. 24, 2020 |
18-17445
|
In re Nanette Marie Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths. |
Bankruptcy |
|
P. Bumatay | Jun. 23, 2020 |
16-35304
|
Blixseth v. Credit Suisse
Exculpation clause was valid because it covered only liabilities arising from the bankruptcy proceedings and not the discharged debt. |
Bankruptcy |
|
M. Berzon | Jun. 12, 2020 |
19-60023
|
In re Lenore L. Albert-Sheridan
Discovery sanctions were dischargeable debt because they were not payable to and for the benefit of governmental unit and were compensation for pecuniary losses. |
Bankruptcy |
|
P. Bumatay | Jun. 11, 2020 |
18-60059
|
In re Richard R. Lane
Bankruptcy court could not void lien when claim relating to lien was disallowed because creditor who filed proof of claim did not prove that it was entitled to enforce debt. |
Bankruptcy |
|
L. Adelman | Jun. 2, 2020 |
18-56398
|
In re Point Center Financial Inc.
Bankruptcy court properly extended deadline for Chapter 7 Trustee to accept or reject operating agreement upon finding excusable neglect. |
Bankruptcy |
|
A. Marbley | Apr. 30, 2020 |
19-1178
|
In re David William Bartenwerfer and Kate Marie Bartenwerfer
Bankruptcy court correctly determined that all of appellee's state court attorneys' fees were nondischargeable pursuant to Bankruptcy Code Section 523(a)(2)(A). |
Bankruptcy |
|
L. Taylor | Apr. 29, 2020 |
19-1094
|
In re John G. Moser
'Return to the fray' doctrine requires bankruptcy courts to advise creditors on the scope of discharge injunctions. |
Bankruptcy |
|
R. Faris | Apr. 24, 2020 |
19-1197
|
In re Stephen William Berkley
Chapter 13 revesting provisions do not prevent modifications of the plan to capture increases in debtor's postconfirmation income. |
Bankruptcy |
|
R. Faris | Apr. 22, 2020 |