Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-16711
|
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action. |
Civil Procedure, Bankruptcy |
|
D. Forrest | May 6, 2024 |
23-1120
|
In re: Maria Teresa Melendez Rey
Rental duplex did not qualify for California automatic homestead exemption because it was not necessary for her use even though it was located on the same parcel as her residence. |
Bankruptcy |
|
G. Spraker | Apr. 26, 2024 |
23-1024
|
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy. |
Bankruptcy |
|
G. Spraker | Apr. 3, 2024 |
23-60017
|
Licup v. Jefferson Avenue Temecula LLC
Failure to provide a correct mailing address for a judgment creditor that resulted in the creditor not filing a timely proof of claim rendered the judgment debt nondischargeable. |
Bankruptcy |
|
H. Thomas | Mar. 19, 2024 |
23-1057
|
In re: Scott Warren Cohen
Relief from stay was warranted so creditor-former wife could liquidate her claims against her debtor-former husband even if the evidence needed to establish those claims related to other time-barred claims. |
Bankruptcy |
|
F. Corbit | Feb. 8, 2024 |
23‐1112
|
In re: Kirk Eugene Frantz and Mary Elizabeth Frantz
Attorney's unprofessional conduct was not sufficient to warrant the imposition of sua sponte sanctions under the Federal Rules of Bankruptcy Procedure where the conduct was not roughly equivalent to contempt. |
Bankruptcy |
|
R. Faris | Jan. 30, 2024 |
22-60055
|
In re: Mckee v. Anderson
Debtor was not entitled to automatic homestead exemption for property where she did not reside despite testimony she intended to return because her conduct indicated a lack of such intent. |
Bankruptcy |
|
K. Lee | Jan. 18, 2024 |
D080534
|
Martin v. Gladstone
Because bankruptcy trustee did not file to abandon property until after injury occurred, trustee was still a responsible party. |
Bankruptcy |
|
W. Dato | Oct. 20, 2023 |
21-55967
|
Amended Opinion: Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full. |
Bankruptcy |
|
R. Nelson | Sep. 15, 2023 |
21-55643
|
USA Sales, Inc. v. Office of the United States Trustee
Refund of excess fees was the appropriate remedy where Chapter 11 bankruptcy debtor paid quarterly fees to the United States Trustee that were later declared to be unconstitutional. |
Bankruptcy |
|
J. Owens | Aug. 11, 2023 |
22-35604
|
Castleman v. Burman
Post-petition increase in Chapter 13 bankruptcy debtors' home's value became the property of the bankruptcy estate upon the conversion of their case to Chapter 7. |
Bankruptcy |
|
M. Hawkins | Jul. 31, 2023 |
23-1008
|
In re: RS Air, LLC
Creditors' suit against debtor's alleged alter egos did not violate bankruptcy discharge injunction because the discharge injunction was limited to the debtor personally. |
Bankruptcy |
|
R. Faris | Jun. 22, 2023 |
22-227
|
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
The Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. |
Bankruptcy |
|
K. Jackson | Jun. 16, 2023 |
22-35216
|
Evans v. McCallister
Chapter 13 Trustee was not entitled to any fees from funds paid pursuant to a proposed bankruptcy plan when the Chapter 13 case was dismissed before the plan was confirmed. |
Bankruptcy |
|
M. Smith | Jun. 13, 2023 |
NV-22-1144-BGC
|
In re: Bella Hospitality Group, LLC
Order for relief was appropriate despite creditor's failure to include statement of motivation for commencing involuntary Chapter 7 bankruptcy case because alleged debtor did not timely dispute the petition. |
Bankruptcy |
|
J. Brand | May 16, 2023 |
21-55967
|
Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full. |
Bankruptcy |
|
R. Nelson | May 9, 2023 |
NV-22-1174-CBG
|
In re: Simon Vernon Rodriguez and Marilyn Kay Schipull
Summary judgment was appropriate where there were no genuine issues of material fact regarding whether state court judgment against debtor was for violation of securities laws. |
Bankruptcy |
|
F. Corbit | May 4, 2023 |
21-1270
|
MOAC Mall Holdings LLC v. Transform Holdco LLC
Statutory limitation in bankruptcy code shielding good-faith purchaser from the effects of a court's modification or reversal of a lease assignment was not a jurisdictional provision. |
Bankruptcy |
|
K. Jackson | Apr. 20, 2023 |
21-908
|
Bartenwerfer v. Buckley
Bankruptcy code excepts debts for money obtained by fraud from discharge regardless of the individual debtor's culpability for the underlying fraud. |
Bankruptcy |
|
A. Barrett | Feb. 23, 2023 |
NC-22-1103-SGB
|
In re E. Mark Moon
Settlement agreement arranged without licensed real estate broker that extended maturity date of original loan arranged by licensed real estate broker was usurious forbearance. |
Bankruptcy |
|
G. Spraker | Feb. 10, 2023 |
B308644
|
Akhlaghpour v. Orantes
Former Chapter 11 debtor-in-possession may have standing to pursue malpractice claims for actions taken by debtor's court-appointed counsel after trustee was appointed and ended counsel's court-appointed status. |
Bankruptcy |
|
G. Howard | Dec. 15, 2022 |
21-16034
|
In re: Sandra J. Tillman
Chapter 7 trustee could not avoid Internal Revenue Service tax penalty lien on debtor's exempt interest in real property, and thus could not preserve the value of the tax penalty lien for the benefit of the estate. |
Bankruptcy |
|
E. Chen | Nov. 21, 2022 |
22-55098
|
Barclay v. Boskoski
Debtor was entitled to the maximum homestead exemption at the time he filed for bankruptcy, rather than the exemption amount at the time a judgment lien was recorded against the home. |
Bankruptcy |
|
H. Thomas | Nov. 15, 2022 |
21-55900
|
Amended Opinion: Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge. |
Bankruptcy |
|
J. Bybee | Sep. 27, 2022 |
21-56264
|
In Re Hawkeye Entertainment
To assume a lease, a debtor-in-possession must satisfy the provisions of 11 U.S.C. Section 365(b)(1) if there has been any default, even if the default is neither material nor ongoing. |
Bankruptcy |
|
D. Forrest | Sep. 26, 2022 |
21-16043
|
In re PG&E Corp.
Unimpaired, unsecured creditors of solvent debtor possessed equitable right to postpetition interest at bargained-for rates, subject to any other equitable considerations, before debtor collected surplus value from bankruptcy estate. |
Bankruptcy |
|
C. Lucero | Aug. 30, 2022 |
21-55900
|
Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge. |
Bankruptcy |
|
J. Bybee | Aug. 2, 2022 |
21-55076
|
Baroni v. Seror
Bankruptcy court did not err in finding cause for converting a bankruptcy case from Chapter 11 to Chapter 7 because debtor materially defaulted on her bankruptcy plan. |
Bankruptcy |
|
D. Forrest | Jun. 8, 2022 |
21-441
|
Siegel v. Fitzgerald
Congress' treatment of similarly situated debtors differently based on geography and an artificial funding distinction violated the uniformity requirement of the Bankruptcy Clause. |
Bankruptcy |
|
S. Sotomayor | Jun. 6, 2022 |
21-1158
|
In re Jaswinder Singh Bhangoo
Debtor failed to show objective evidence of an intent to return to his principal dwelling for his claimed automatic homestead exemption. |
Bankruptcy |
|
J. Brand | Mar. 29, 2022 |