Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-1152
|
In re Keller
Creditor's postpetition credit reporting of debtors' overdue or delinquent payments is not per se violation of collections statute or violation of order confirming bankruptcy plan. |
Bankruptcy |
|
May 31, 2017 | |
12-17241
|
In re Sunnyslope Housing Ltd. Partnership
Creditor unsuccessful in challenging debtor's plan of reorganization and bankruptcy court's valuation of apartment complex which assumed complex's continued use as low-income housing. |
Bankruptcy |
|
May 30, 2017 | |
15-1429
|
Lee v. Roessler-Lobert (In re Roessler-Lobert)
While attorney's lack of diligence undoubtedly warranted some sanction, dismissal of adversary claim for lack of prosecution was too harsh, warranting reversal. |
Bankruptcy |
|
May 22, 2017 | |
16-348
|
Midland Funding LLC v. Johnson
Debt collector's filing of proof of claim on time-barred debt does not fall within scope of the Fair Debt Collection Practices Act. |
Bankruptcy |
|
May 16, 2017 | |
16-1298
|
Kashikar v. Turnstile Capital Management LLC (In re Kashikar)
Former med student partially prevails in adversary proceeding seeking determination that funds received for med school had been discharged in chapter 7 bankruptcy filing. |
Bankruptcy |
|
May 2, 2017 | |
15-60031
|
Peter Mastan v. James Salamon
Holder of junior non-recourse liens does not have right to claim on property under 11 U.S.C. § 1111(b) after non-judicial foreclosure and sale of property by senior lienholder. |
Bankruptcy |
|
Apr. 21, 2017 | |
15-16985
|
Porter v. Nabors Drilling USA LP
Governmental unit exception to automatic bankruptcy stay does not apply to plaintiff's Private Attorney General Act action. |
Bankruptcy |
|
Apr. 21, 2017 | |
14-60061
|
PNC Bank v. Sterba (In re Sterba)
Bankruptcy Appellate Panel erroneously applies California's shorter limitations period in finding creditor's claim untimely instead of Ohio's laws as stated in parties' promissory note. |
Bankruptcy |
|
Apr. 6, 2017 | |
14-60055
|
Dingley v. Yellow Logistics LLC (In re Dingley)
Civil contempt proceedings against debtor who failed to comply with discovery rules are exempted from automatic stay under 'government regulatory exemption.' |
Bankruptcy |
|
Apr. 4, 2017 | |
14-16854
|
First Community Bank v. Gaughan (In re Miller)
California bank may enforce judgment lien against Arizona couple's property located in California even if debtor-husband was the sole signatory to guaranty underlying judgment. |
Bankruptcy |
|
Apr. 3, 2017 | |
15-55510
|
In re Gugliuzza
Federal appellate courts only have jurisdiction over bankruptcy proceeding where lower court order 'alters status quo and fixes rights and obligations of parties;' district court remand order does not do as much. |
Bankruptcy |
|
Mar. 27, 2017 | |
15-649
|
Czyzewski v. Jevic Holding Corp.
Bankruptcy court that orders dismissal of Chapter 11 case cannot, without consent of parties, deviate from basic priority rules regarding distribution of estate value. |
Bankruptcy |
|
Mar. 23, 2017 | |
16-1041
|
Brace v. Speier (In re Brace)
California's community property presumption applies in bankruptcy disputes involving the characterization of marital property, rendering fraudulently transferred properties entirely recoverable by bankruptcy estate. |
Bankruptcy |
|
Mar. 17, 2017 | |
14-17090
|
In re Tenderloin Health
In preference action, trustee in bankruptcy successfully recovers for bankruptcy estate loan payment debtor made to bank by satisfying 'greater amount test.' |
Bankruptcy |
|
Mar. 8, 2017 | |
16-1218
|
Wharton v. Schwartzer (In re Wharton)
Debtors' claimed exemption to classic car properly denied where it was subject to avoidance and recovery in light of creditor's unperfected security interest. |
Bankruptcy |
|
Feb. 15, 2017 | |
16-1227
|
County of Imperial Treasurer-Tax Collector v. Stadmueller (In re RW Meridian LLC)
Debtor retains equitable and legal rights to property though its right to redeem has lapsed; postpetition tax sale therefore void for violating automatic stay. |
Bankruptcy |
|
Feb. 7, 2017 | |
16-1075
|
In re Tomkow
Bankruptcy court appropriately gives issue preclusive effect to fraud claim in state court judgment even though California Court of Appeal affirms judgment on different ground. |
Bankruptcy |
|
Jan. 17, 2017 | |
14-16697
|
Kupfer v. Salma (In re Kupfer)
Statutory cap on landlord's claims against tenant in bankruptcy applies only to claims resulting directly from termination of lease, not collateral claims. |
Bankruptcy |
|
Dec. 29, 2016 | |
16-1170
|
In re Faitalia
Bankruptcy court errs in awarding debtors' their attorney fees and costs under statute, resulting in reversal in planned community association's favor. |
Bankruptcy |
|
Dec. 13, 2016 | |
16-1172
|
Strickland v. U.S. Trustee (In re Wojcik)
Paralegal's use of the word 'legal' in her business name and advertisements violates strict liability provision of Bankruptcy Code Section 110(f). |
Bankruptcy |
|
Dec. 13, 2016 | |
14-60080
|
In re Molasky
Debtor's motion to dismiss reversed, where intervenor can proceed with litigation as sole remaining party even after dismissal of original party who represented intervenor's interest. |
Bankruptcy |
|
Dec. 12, 2016 | |
14-35363
|
Blixseth v. Brown (In re Yellowstone Mountain Club LLC)
Plaintiffs must seek bankruptcy court's permission to sue member of Unsecured Creditors' Committee pursuant to 'Barton' doctrine. |
Bankruptcy |
|
Nov. 28, 2016 | |
11-60039
|
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Bankruptcy Appellate Panel lacks jurisdiction to consider debtor's petition because writ of mandamus cannot substitute for a timely appeal. |
Bankruptcy |
|
Nov. 9, 2016 | |
13-36194
|
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law. |
Bankruptcy |
|
Nov. 6, 2016 | |
14-60028
|
Spokane Law Enforcement Credit Union v. Barker (In re Barker)
Debtor's acknowledgment of debt in bankruptcy schedule does not relieve creditor of affirmative duty to timely file proof of claim. |
Bankruptcy |
|
Oct. 27, 2016 | |
12-17241
|
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value. |
Bankruptcy |
|
Sep. 22, 2016 | |
14-16192
|
Deocampo v. Potts
California law does not render judgment against indemnifiable employees a liability of the municipal employer for purposes of adjusting or discharging debts of a chapter 9 debtor. |
Bankruptcy |
|
Sep. 8, 2016 | |
12-57186
|
In re Castellino Villas LLC
Attorney fees incurred during litigation following confirmation of Chapter 11 bankruptcy plan discharged by that bankruptcy under 'fair contemplation' test. |
Bankruptcy |
|
Sep. 6, 2016 | |
15-1424
|
In re GACN, Inc.
Litigation stemming from dispute regarding insurance contract does not constitute "core bankruptcy proceeding" for jurisdictional purposes. |
Bankruptcy |
|
Aug. 30, 2016 | |
14-55854
|
In re Berkeley Delaware Court, LLC
Bankruptcy Code Section 363 applies to sale of legal claims of an estate, barring challenge on appeal without successful petition for stay of sale pending appeal. |
Bankruptcy |
|
Aug. 23, 2016 |