Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-17500
|
In re Del Biaggio
Under 11. U.S.C. Section 510(b), damages claim of individual debtor subordinate to other claims senior to or equal to it. |
Bankruptcy |
|
Aug. 22, 2016 | |
14-60044
|
Rivera v. Orange County Probation Dept. (In re Rivera)
Debtor's liability to county arising from son's involuntary juvenile detention does not constitute 'domestic support obligation,' and is, therefore, dischargeable. |
Bankruptcy |
|
Aug. 11, 2016 | |
15-1367
|
Salven v. Galli (In re Pass)
Bankruptcy court erroneously prevents trustee from selling house by virtue of California's declared homestead protections; nevertheless, automatic homestead exemption applies to prevent sale. |
Bankruptcy |
|
Aug. 3, 2016 | |
14-1497
|
Cardenas v. Shannon (In re Shannon)
Washington default judgment against debtors properly discharged after owners of Mexican-themed restaurant fails to establish non-dischargeability by false representation or fraud. |
Bankruptcy |
|
Jul. 27, 2016 | |
11-60039
|
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Order |
Bankruptcy |
|
Jul. 15, 2016 | |
14-15857
|
In re Smith
Debtor's belated tax filing not 'honest and reasonable' attempt to comply with tax code, and thus not a return whose tax liability is dischargeable in bankruptcy. |
Bankruptcy |
|
Jul. 14, 2016 | |
15-1380
|
Desert Pine Villas Homeowners Association v. Kabiling (In re Kabiling)
Homeowners Association properly found in contempt of discharge injunction where subsequent quiet title action included allegations regarding debtors' prepetition debts. |
Bankruptcy |
|
Jun. 15, 2016 | |
15-1238
|
Greif & Co. v. Shapiro (In re Western Funding Inc.)
Post-chapter 11 confirmation settlements negotiated by liquidating trustees are not subject to same 'fair and equitable' standard as settlements negotiated by bankruptcy trustees. |
Bankruptcy |
|
Jun. 14, 2016 | |
15-1279
|
In re Boates
Summary judgment in favor of debtor's lawyer vacated where retainer agreement between lawyer and debtor qualifies as executory and is thus subject to rejection by trustee. |
Bankruptcy |
|
Jun. 14, 2016 | |
14-60017
|
DeNoce v. Neff (In re Neff)
Dentist may discharge of state court judgment despite allegation of fraudulent transfer because transfer occurred more than one year from chapter 7 bankruptcy filing. |
Bankruptcy |
|
Jun. 9, 2016 | |
14-55281
|
In the Matter of Castaic Partners II
Where underlying bankruptcy proceedings have been finalized and dismissed, appeal is moot. |
Bankruptcy |
|
May 24, 2016 | |
15-145
|
Husky International Electronics Inc. v. Ritz
Debtor may not discharge debts obtained by 'actual fraud,' which encompass debtor's fraudulent intercompany-transfer scheme, though he made no false representations to creditor. |
Bankruptcy |
|
May 17, 2016 | |
14-55740
|
In the Matter of EPD Investment Co.
Bankruptcy court has discretion to decide motion to compel arbitration and does not abuse its discretion by denying it. |
Bankruptcy |
|
May 10, 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 |
|
Apr. 22, 2016 | |
14-56622
|
Scheer v. State Bar of California (In re Scheer)
Though unsettling, attorney's debt to her client for improperly collected fees are dischargeable in bankruptcy. |
Bankruptcy |
|
Apr. 15, 2016 | |
15-1119
|
Emmert v. Taggart (In re Taggart)
Bankruptcy court erroneously sanctions party for willfully violating discharge injunction by improperly imputing actual knowledge of the discharge injunction. |
Bankruptcy |
|
Apr. 14, 2016 | |
15-1141
|
Arnot v. Enderson (In re Endersen)
Lenders entitled to settlement proceeds awarded to debtors in construction defect claims litigated years after 'no asset' closure of chapter 7 bankruptcy case. |
Bankruptcy |
|
Apr. 13, 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 |
|
Apr. 11, 2016 | |
14-1564
|
In re Beltway One Development Group LLC
Court applied incorrect standard of law in denying creditor default interest, resulting in reversal and remand to allow application of proper rule. |
Bankruptcy |
|
Apr. 7, 2016 | |
11-60039
|
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Ninth Circuit's Bankruptcy Appellate Panel is not a 'court established by Act of Congress' under All Writs Act and, thus, lacks jurisdiction to consider debtor's mandamus petition. |
Bankruptcy |
|
Mar. 28, 2016 | |
15-1219
|
Diaz v. Kosmata (In re Diaz)
Bankruptcy court erroneously disallows disabled debtor's claimed automatic homestead exemption under California law without considering debtor's intent to reside in subject property. |
Bankruptcy |
|
Mar. 15, 2016 | |
15-1074
|
Caldwell v. Nelson (In re Caldwell)
Homestead exemption is not subject to statutory limit where debtor retained beneficial and equitable interest in property at all times despite various transfers of title. |
Bankruptcy |
|
Feb. 26, 2016 | |
15-1180
|
In re Milby
Court errs in looking at trustee's post-discovery diligence when considering whether equitable tolling applies to bar claims seeking avoidance of alleged fraudulent transfers. |
Bankruptcy |
|
Feb. 26, 2016 | |
15-1142
|
In re Chagolla
Court errs in denying, as untimely, chapter 13 debtors' motion to value and avoid junior lien brought after discharge and closing of case. |
Bankruptcy |
|
Feb. 18, 2016 | |
A143068
|
Uecker v. Zentil
Doctrine of in pari delicto bars claims asserted by liquidating bankruptcy trustee against company's lawyer relating to his alleged role in company's fraud. |
Bankruptcy |
|
Feb. 9, 2016 | |
15-1149
|
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' |
Bankruptcy |
|
Feb. 9, 2016 | |
13-60038
|
U.S. Bank N.A. v .The Village at Lakeridge LLC (In re The Village at Lakeridge LLC fka Magnolia Village LLC)
Creditor does not become 'insider' by virtue of receiving claim from statutory insider nor does creditor's relationship with debtor deem creditor a non-statutory insider. |
Bankruptcy |
|
Feb. 9, 2016 | |
15-1149
|
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' |
Bankruptcy |
|
Feb. 8, 2016 | |
15-1127
|
Elliott v. Well (In re Elliott)
Debtor not entitled to claim homestead exemption to property he elaborately concealed and vigorously attempted to shield from judgment creditors and bankruptcy trustee. |
Bankruptcy |
|
Feb. 2, 2016 | |
13-16402
|
Zachary v. California Bank & Trust (In re Zachary)
Absolute priority rule applies in individual chapter 11 reorganizations even after enactment of amendments to Bankruptcy Code under Bankruptcy Abuse Prevention and Consumer Protection Act. |
Bankruptcy |
|
Jan. 29, 2016 |