Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-1200
|
In re Robert Edward Zuckerman
Issue preclusive effect of state court judgments may be basis for granting summary judgment in dischargeability proceeding in bankruptcy. |
Bankruptcy |
|
L. Taylor | Apr. 14, 2020 |
19-1224
|
In re: Jesslyn Renee Anderson
For purposes of homestead exemption, debtor's intent to continue to reside in residence was not required if she occupied property as of petition date. |
Bankruptcy |
|
W. Lafferty | Mar. 30, 2020 |
19-1173
|
In re: Leiann Toni Fountain
Chapter 13 bankruptcy case properly dismissed after Debtor originally filed unsecured claims exceeding limits of Bankruptcy Code Section 109(e). |
Bankruptcy |
|
S. Gan | Mar. 30, 2020 |
19-1177
|
In re: Javier Jimenez
Appellee had not shown that evidence of a scheme existed to warrant relief under 11 U.S.C. Section 362(d)(4). |
Bankruptcy |
|
L. Taylor | Mar. 30, 2020 |
18-60029
|
In Re Brown
Funds that were fraudulently transferred by the debtor remained property of the converted estate under 11 U.S.C. Section 348(f)(1)(A). |
Bankruptcy |
|
M. Schroeder | Mar. 24, 2020 |
19-1118
|
In re: Teina Mari Lionetti
Once debtor establishes elements under Bankruptcy Code Section 523(d), creditor must show there was substantial justification in pursuing its claim. |
Bankruptcy |
|
W. Lafferty | Mar. 13, 2020 |
19-1039
|
In re: Maggie Liu
The continuation of the bankruptcy case carries with it a great potential for irreparable injury if immediate appeal is not allowed. |
Bankruptcy |
|
G. Spraker | Feb. 13, 2020 |
18-60005
|
In Re Marino
Bankruptcy Appellate Panel orders may be immediately appealed only if they finally dispose of discrete disputes within the larger case. |
Bankruptcy |
|
R. Lasnik | Feb. 11, 2020 |
A153307
|
Williams v. 21st Mortgage Corp.
A confirmed Chapter 13 Bankruptcy Plan is a new binding contract on creditors and debtors that prohibits creditors from obtaining previous default proceeds. |
Bankruptcy |
|
A. Tucher | Jan. 24, 2020 |
19-1126
|
In re: Brigham A. Burton aka Kent Burton and Carly Rae Burton
Debtors filing chapter 13 bankruptcy petition are prohibited from funding their plans with marijuana business proceeds because the court would be involved in federally illegal activities. |
Bankruptcy |
|
W. Lafferty | Jan. 16, 2020 |
18-938
|
Ritzen Group, Inc. v. Jackson Masonry, LLC
A bankruptcy court's denial of motion for relief from an automatic stay under 11 U.S.C. Section 362(a) constitutes a final, immediately appealable order under 28 U.S.C. Section 158(a). |
Bankruptcy |
|
R. Ginsburg | Jan. 15, 2020 |
18-1351
|
In re: Richard L. Black
Bankruptcy court erred in requiring debtor to dedicate the excess proceeds of postpetition sale of prepetition real estate to pay unsecured creditors under chapter 13 plan. |
Bankruptcy |
|
R. Faris | Jan. 3, 2020 |
18-15064
|
State of Montana Dept. of Revenue v. Blixseth
A creditor lacks standing to petition for involuntary bankruptcy if any debt amount is subject to an ongoing bona fide dispute, notwithstanding agreement on a portion of the disputed debt. |
Bankruptcy |
|
M. Hawkins | Nov. 27, 2019 |
18-1261
|
In re: Jeffrey Mark Freeman
Creditors must have an objectively reasonable basis to seek collection from Chapter 13 petitioners; good faith belief is no longer enough to avoid civil contempt sanctions. |
Bankruptcy |
|
L. Taylor | Nov. 11, 2019 |
18-1301
|
In re: QDOS, Inc.
Bankruptcy court erred by not requiring debtor to file an answer and list of creditors required by FRB Rule 1003(b) once it determined triable issues existed. |
Bankruptcy |
|
L. Taylor | Nov. 11, 2019 |
18-1266
|
In re: Colusa Regional Medical Center
Bankruptcy court applied an incorrect legal standard with regards to the objective test for surcharge, and improperly found Trustee satisfied the correct objective and subjective tests for surcharge. |
Bankruptcy |
|
L. Taylor | Sep. 17, 2019 |
17-60090
|
In re: Mihranian
Bankruptcy Appellate Panel correctly concluded that a party moving for substantive consolidation must provide notice of the motion to creditors of a putative consolidated non-debtor. |
Bankruptcy |
|
M. Watson | Sep. 10, 2019 |
18-1121
|
In re: Charles Stuart Brown and Holly Ann Brown
Under California Code of Civil Procedure Section 356 the discharge injunction triggers the limitations period suspension provided for in the statute for creditors in bankruptcy proceedings. |
Bankruptcy |
|
G. Spraker | Sep. 6, 2019 |
18-1248
|
In re: Maria A. Basave de Guillen
Notice of Delinquent Assessment Lien, which purported to secure future assessments, was impermissible under the Davis-Stirling Act, which limits the lien to the amount specified in the notice. |
Bankruptcy |
|
W. Lafferty | Sep. 4, 2019 |
18-35375
|
Waldron v. Federal Deposit Insurance Corp.
Because 'In re Parker N. Am. Corp.' was inapplicable, plaintiff was required to exhaust administrative remedies under Financial Institutions Reform, Recovery, and Enforcement Act to provide bankruptcy court subject matter jurisdiction. |
Bankruptcy |
|
P. Curiam (9th Cir.) | Aug. 29, 2019 |
19-1028
|
In re: Ubaldo Juarez
Exempt property is excluded from 'any property' under Bankruptcy Code Section 1129(b)(2)(B)'s absolute priority rule, in part, because a debtor retains exempt property only due to exemption statutes. |
Bankruptcy |
|
R. Faris | Aug. 26, 2019 |
18-1289
|
In re: Michael Allen Zito and Elizabeth Zito
Bankruptcy court prematurely awarded creditor attorney's fees after it found that its debt was not discharged because state court litigation regarding enforceability of personal guarantee was still pending. |
Bankruptcy |
|
J. Brand | Aug. 26, 2019 |
18-1239
|
In re Agneta Dobos
Because judgment in favor of appellants expired long before they filed their adversary proceeding, they can no longer enforce the debt. |
Bankruptcy |
|
R. Faris | Aug. 7, 2019 |
18-1067
|
In re Frank Jakubaitis
Plaintiffs' deposition questions regarding debtor's diagnoses and the purpose of his medications were within the scope of the psychotherapist-patient privilege. |
Bankruptcy |
|
G. Spraker | Aug. 6, 2019 |
18-1206
|
In re Gwendolyn Washington
Bankruptcy court improperly concluded creditor's unsecured claim was automatically an allowed claim in chapter 13 case after valuing creditor's secured claim at zero, despite the unsecured claim being unenforceable against debtor. |
Bankruptcy |
|
W. Lafferty | Aug. 6, 2019 |
18-1066
|
In re Kevan Harry Gilman
When creditor voluntarily files Code of Civil Procedure Section 685.080 motion with bankruptcy court for postpetition attorneys' fees, Bankruptcy Code Section 108(c) does not toll two-year limitation in Section 685.080. |
Bankruptcy |
|
L. Taylor | Jul. 16, 2019 |
18-1337
|
In re Michael Younessi
Modified confirmation order's changes were not housekeeping matters, but rather of great significance; thus, the modification reset 180-day deadline for creditor to seek revocation of debtor's chapter 11 plan confirmation. |
Bankruptcy |
|
R. Faris | Jul. 15, 2019 |
18-1284
|
In re Dale Norman Harms
Declaration produced by assignee of beneficial interest under deed of trust established that assignee, through agents, held original promissory note establishing assignee's standing to seek relief from automatic stay. |
Bankruptcy |
|
G. Spraker | Jul. 11, 2019 |
18-1259
|
In Re Paul Hurley
Appellant's willful criminal conduct outweighed good-faith student loan repayment efforts and nothing beyond appellant's reasonable control contributed to inability to repay, so finding lack of good faith repayment efforts was proper. |
Bankruptcy |
|
J. Brand | Jul. 2, 2019 |
18-1234
|
In Re Carlos Carrion Jr.
Former husband remained personally liable for entire amount of student loan debt despite former wife's assumption of half the debt in a marital settlement agreement. |
Bankruptcy |
|
R. Faris | Jun. 5, 2019 |