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Name Category Published
Double Bogey L.P. v. Enea
Debtor may not be considered a fiduciary under Bankruptcy Code Section 523(a)(4) solely by application of California's alter ego doctrine. 		Bankruptcy Jul. 22, 2015
In re Boukatch
Bankruptcy Code does not prevent chapter 20 debtors from stripping unsecured junior liens despite the lack of eligibility for chapter 13 discharge. 		Bankruptcy Jul. 13, 2015
MacKenzie v. Neidorf (In re Neidorf)
Debtor does not have to turnover post-petition payment received from national settlement between banks and regulators because it is not property of estate. 		Bankruptcy Jul. 13, 2015
In re Transwest Resort Properties
Appeal of Lender who objected to debtors' plan of reorganization is not equitably moot. 		Bankruptcy Jul. 1, 2015
Baker Botts LLP v. ASARCO LLC
Section 330(a)(1) of the Bankruptcy Code does not authorize award of attorney fees for defending a fee application. 		Bankruptcy Jun. 15, 2015
Dreyfuss v. Cory (In re Cloobeck)
Chapter 7 trustee must provide notice and hearing to creditors prior to paying bankruptcy estate's tax liability—an administrative expense. 		Bankruptcy Jun. 14, 2015
Northbay Wellness v. Beyries
Balancing required when applying doctrine of unclean hands; both parties' wrongdoings must be considered, not simply the party seeking equitable relief. 		Bankruptcy Jun. 7, 2015
Bank of America N.A. v. Caulkett
Debtor may not void junior mortgage under Bankruptcy Code Section 506(d) even if debt owed on senior mortgage exceeds present value of property. 		Bankruptcy Jun. 1, 2015
Bronitsky v. Bea (In re Bea)
Debtor's chapter 13 plan does not necessarily violate Bankruptcy Code even if it deferred equal payments to secured creditors. 		Bankruptcy Jun. 1, 2015
Partida v. U.S. Dept. of Justice (In re Partida)
Government may enforce bankruptcy debtor's criminal restitution obligations by garnishing her retirement and pension without violating automatic stay. 		Bankruptcy May 28, 2015
Harris v. Viegelahn
Accumulated post-petition wages must be returned to debtor after conversion of Chapter 13 to Chapter 7 bankruptcy. 		Bankruptcy May 18, 2015
Plyam v. Precision Development LLC (In re Plyam)
State court judgment of punitive damages does not have preclusive effect because it does not meet 'wilfullness' required for nondischargeability under Bankruptcy Code Section 523(a)(6). 		Bankruptcy May 7, 2015
Stahl v. Simon (In re Adamson Apparel Inc.)
Guarantor-insider is absolved of any preference liability to which he might otherwise have been subject to. 		Bankruptcy May 6, 2015
Bullard v. Blue Hill Bank
Order denying chapter 13 debtor's proposed repayment plan is nonappealable because debtor remained free to propose another plan. 		Bankruptcy May 4, 2015
Elliott v. Weil (In re Elliot)
Trustee cannot revoke discharge debtor obtained through alleged fraud because trustee filed adversary proceeding more than one year after discharge. 		Bankruptcy Apr. 23, 2015
Heers v. Parsons (In re Heers)
Judgment debts are excepted from discharge due to Debtor’s defalcations while acting as fiduciary in underlying probate matters. 		Bankruptcy Apr. 16, 2015
In re: Charles G. Mahakian
Section 523(a)(3)(A) precludes discharge of creditor’s claim and excusable neglect does not excuse debtor’s untimely filed proof of claim. 		Bankruptcy Apr. 14, 2015
In re Salamon
Foreclosure sale that extinguishes creditor’s lien on debtor’s property also extinguishes his ability to apply rights under 11 U.S.C. §1111(b)(1)(A). 		Bankruptcy Apr. 7, 2015
Pensco Trust Co. v. Tristar Esperanza Properties LLC (In re Tristar Esperanza Properties LLC)
Judgment creditor’s claim is subject to mandatory subordination under Bankruptcy Code because claim for damages arose from sale of debtor’s security. 		Bankruptcy Apr. 2, 2015
Institute of Imaginal Studies dba Meridian University v. Christoff (In re Christoff)
Debt owed to for-profit university by former student is not excepted from discharge absent receipt of actual funds. 		Bankruptcy Mar. 31, 2015
In re Goldstein
Debtors’ claims against bank are part of bankruptcy estate because they accrued prepetition. 		Bankruptcy Mar. 3, 2015
Schlegel v. Billingslea (In re Schlegel)
Debtors’ failure to pay percentage dividend under confirmed plan within applicable time period warrants dismissal. 		Bankruptcy Feb. 26, 2015
Davis v. U.S. Bank N.A. (In re Davis)
Legal obligations enforceable against debtor’s property, but not against debtor, are included in calculation to determine her eligibility for chapter 12 bankruptcy filing. 		Bankruptcy Feb. 18, 2015
Tamm v. UST – United States Trustee, Honolulu (In re Hokulani Square Inc.)
Chapter 7 bankruptcy trustee may not collect fees on credit bid transaction where no money was exchanged. 		Bankruptcy Jan. 27, 2015
Rund v. Bank of America Corp. (In re EPD Investment Co. LLC)
Bankruptcy Code limitations period for avoiding fraudulent transfers preempts state-law. 		Bankruptcy Jan. 9, 2015
Sullivan v. Harnisch (In re Sullivan)
Debtor’s bankruptcy filing is not made in bad faith although debtor filed it shortly after state court entered judgment against him. 		Bankruptcy Dec. 29, 2014
Elliott v. Weil (In re Elliott)
Bankruptcy court must allow debtor’s claimed homestead exemption, despite his bad-faith conduct, unless valid statutory basis exists for denial. 		Bankruptcy Dec. 12, 2014
Khan v. Barton (In re Khan)
State court judgment is not subject to mandatory subordination in individual debtors’ bankruptcy filings because it was not related to distribution of corporate assets. 		Bankruptcy Dec. 11, 2014
Gray v. Warfield (In re Gray)
Bankruptcy court may not disallow debtors’ amendment claiming exemption for prepaid rent based on debtors’ alleged bad faith conduct. 		Bankruptcy Dec. 11, 2014
Starky v. Birdsell (In re Starky)
Bankruptcy court may award reasonable attorney fees and costs against debtors for dragging proceeding for too long due to inaction. 		Bankruptcy Dec. 9, 2014
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