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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
In re GACN, Inc.
Litigation stemming from dispute regarding insurance contract does not constitute "core bankruptcy proceeding" for jurisdictional purposes.
Bankruptcy Aug. 30, 2016
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
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
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
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
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
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Order
Bankruptcy Jul. 15, 2016
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
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
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
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
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
In the Matter of Castaic Partners II
Where underlying bankruptcy proceedings have been finalized and dismissed, appeal is moot.
Bankruptcy May 24, 2016
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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