Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-1800
|
Bankruptcy of Trujillo
Pre-bankruptcy transfers of home and car by debtor for no consideration are avoidable fraudulent transfers. |
Bankruptcy |
|
Jun. 6, 1999 | |
97-1216
|
Bankruptcy of Mora
Post-petition transfer of cashier's check occurs when payee has physical possession of check. |
Bankruptcy |
|
Jun. 4, 1999 | |
96-1465
|
Bankruptcy of Watson
Non-ERISA qualified pension plan is not excluded from estate property. |
Bankruptcy |
|
Jun. 4, 1999 | |
96-1617
|
Bankruptcy of Medley
Claim for debtor misrepresentation and inducement of elderly couple to loan money is nondischargeable. |
Bankruptcy |
|
Jun. 4, 1999 | |
98-1852
|
Bankruptcy of Mackey
Statement of election to have appeal heard by district court is timely under 3-day rule for service by mail. |
Bankruptcy |
|
Jun. 4, 1999 | |
98-1228
|
Bankruptcy of Nunez
Tax forms filed by debtor after Internal Revenue Service files substitute forms constitute "returns" for dischargeabilty purposes. |
Bankruptcy |
|
Jun. 4, 1999 | |
97-1033
|
Bankruptcy of Duplante
Creditor isn't liable for debtor's attorney fees and costs for filing complaint to determine dischargeability of debt. |
Bankruptcy |
|
Jun. 4, 1999 | |
97-55298
|
Bankruptcy of Kim
In Chapter 13 reorganization, value of business equipment is determined 'on location' if debtor continues operating. |
Bankruptcy |
|
Jun. 4, 1999 | |
96-36294
|
Bankruptcy of White
Indian tribe waives sovereign immunity rights in member's bankruptcy by objecting to reorganization plan. |
Bankruptcy |
|
Jun. 4, 1999 | |
96-2123
|
Bankruptcy of Edwards
Recordation of lis pendens against debtor's residence is violation of stay warranting imposition of sanctions. |
Bankruptcy |
|
Jun. 3, 1999 | |
96-17038
|
Bankruptcy of Bartoni-Corsi Produce Inc.
Under California law, bank doesn't convert debtor's check, which lacks endorsement, by making board-authorized deposit. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-1519
|
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement. |
Bankruptcy |
|
Jun. 3, 1999 | |
96-1887
|
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-1377
|
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance. |
Bankruptcy |
|
Jun. 3, 1999 | |
96-15784
|
Bankruptcy of Parker
Chapter 7 debtor wanting to retain secured property isn't limited to debt reaffirmation or redemption. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-56375
|
Bankruptcy of DAK Industries Inc.
Finding that pre-conversion Chapter 11 debtor was not insolvent as a going concern is appropriate in preference action. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-16525
|
Bankruptcy of Leavitt
Dismissal of petition with prejudice is justified when chapter 13 debtor hides asset and overstates expenses. |
Bankruptcy |
|
Jun. 3, 1999 | |
95-56743
|
Bankruptcy of Jenkins
Statutory limit for Chapter 7 trustee's compensation includes fees of paraprofessional trustee hired for routine services. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-1079
|
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability. |
Bankruptcy |
|
Jun. 3, 1999 | |
96-2167
|
Bankruptcy of Cross
Securities Exchange Commission has standing to assert nondischargeability claim against Chapter 7 debtor. |
Bankruptcy |
|
Jun. 3, 1999 | |
97-1409
|
Bankruptcy of Tallant
Obligation of attorney to repay loan from client is nondischargeable where loan is fraudulently induced. |
Bankruptcy |
|
Jun. 3, 1999 | |
95-10183
|
Bankruptcy of Mullen
Federal bankruptcy court exercises discretion and abstains from hearing proceeding based on state law claim. |
Bankruptcy |
|
Jun. 2, 1999 | |
96-1923
|
Cohen v. De La Cruz
Exception to discharge for debts arising from fraud includes punitive damages and attorney fees. |
Bankruptcy |
|
Jun. 1, 1999 | |
95-2264
|
Bankruptcy of Colortran Inc.
Failure to follow procedure to invalidate lien warrants reversal of lien invalidation and compromise disapproval. |
Bankruptcy |
|
Jun. 1, 1999 | |
97-1630
|
Bankruptcy of Udhus
Debtor curing secured obligation under 11 U.S.C. 1123 is not required to pay default interest rate. |
Bankruptcy |
|
Jun. 1, 1999 | |
96-35676
|
Bankruptcy of Abercrombie
No administrative expense priority for attorney fees in postpetition judgment based on prepetition contract. |
Bankruptcy |
|
Jun. 1, 1999 | |
96-56151
|
Bankruptcy of Di Giorgio
Vacation of leased premises moots appeal of order that automatic stay pre-empts unlawful detainer statute. |
Bankruptcy |
|
May 27, 1999 | |
96-1782
|
Bankruptcy of Than
Changed financial circumstances is one of many factors to consider for Chapter 13 plan modification. |
Bankruptcy |
|
May 26, 1999 | |
96-2005, 96-2009 and 96-2039
|
Bankruptcy of Audre Inc.
Rooker-Feldman doctrine precludes disallowance or "zero" estimate of family court claim pending on appeal. |
Bankruptcy |
|
May 26, 1999 | |
97-1100
|
Bankruptcy of Jess
Contingency fee of debtor for prepetition work that is collected after bankruptcy is estate property. |
Bankruptcy |
|
May 26, 1999 |