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Name Category Published
Weakly-Hoyt v. Foster
Plastic surgeon may not set aside default based on malpractice plaintiff’s allegedly improper service of statement of damages in light of bankruptcy filing. 		Bankruptcy Oct. 21, 2014
Hawkins v. Franchise Tax Board of California
Tax debts may not be excepted from bankruptcy discharge based on willful attempt to evade debts, where debtor simply spent beyond income. 		Bankruptcy Sep. 15, 2014
Snowden v. Check Into Cash of Washington Inc. (In re Snowden)
Debtor is entitled to attorney fees incurred in litigating creditor’s willful violation of automatic stay because creditor’s offer to settle did not remedy stay violation. 		Bankruptcy Sep. 14, 2014
Cruz v. Stein Strauss Trust #1361 (In re Cruz)
Debtor’s bankruptcy filing does not render property purchase void because property was transferred to him days after he filed his chapter 7 petition. 		Bankruptcy Sep. 2, 2014
Bechtold v. Gillespie (In re Gillespie)
Debtor is liable for attorney fees incurred by creditor in litigating claims that arose prepetition, because debtor affirmatively participated in underlying action. 		Bankruptcy Sep. 1, 2014
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Debtor may recover attorney fees incurred in litigating creditor’s appeal of bankruptcy court’s ruling, which determined creditor had violated automatic stay. 		Bankruptcy Sep. 1, 2014
Sterba v. PNC Bank (In re Sterba)
Bankruptcy court improperly relies on California’s choice of law rules instead of Ninth Circuit precedent in deciding timeliness of creditor’s claim. 		Bankruptcy Aug. 28, 2014
Mwangi v. Wells Fargo Bank N.A. (In re Mwangi)
Bankruptcy court properly dismisses chapter 7 debtors’ adversary proceeding against bank after it imposed ‘temporary administrative pledge’ due to bankruptcy petition. 		Bankruptcy Aug. 26, 2014
DeLuca v. Seare (In re Seare)
Bankruptcy attorney may be sanctioned for failing to obtain client’s informed consent limiting scope of representation to not include adversary proceeding. 		Bankruptcy Aug. 25, 2014
Mastro v. Rigby
Fugitive who fled to France may appeal judgment finding her liable for fraudulently transferring more than $1 million in bankruptcy estate assets. 		Bankruptcy Aug. 24, 2014
Kallman & Co. LLP v. Gottlieb (In re Lewis)
Bankruptcy court properly allows non-debtor spouse to purchase debtor’s claims when third party’s prior purchase of same claims was not consummated. 		Bankruptcy Aug. 21, 2014
Yellow Express LLC v. Dingley (In re Dingley)
Creditor does not violate automatic stay for maintaining contempt proceeding against debtor because it related to court-ordered sanctions for debtor’s discovery violations. 		Bankruptcy Aug. 7, 2014
Keys v. 701 Mariposa Project LLC (In re 701 Mariposa Project LLC)
Bankruptcy court lacks jurisdiction to disallow evicted tenant's claim because she never filed proof of claim or participated in any way in debtor’s bankruptcy case. 		Bankruptcy Aug. 3, 2014
Schultze v. Chandler
Bankruptcy court may exercise jurisdiction to dismiss legal malpractice action against court-appointed attorney by individuals in unsecured creditors' committee. 		Bankruptcy Aug. 3, 2014
In re KVN Corp. Inc.
Carve-out agreement between trustee and bank is subject to presumption of impropriety, unless trustee fulfills duties and discloses deal, which must benefit estate. 		Bankruptcy Jul. 30, 2014
Schultze v. Chandler
Bankruptcy court may exercise jurisdiction to dismiss legal malpractice action against court-appointed attorney by individuals in unsecured creditors' committee. 		Bankruptcy Jul. 20, 2014
Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)
Bankruptcy court has exclusive jurisdiction over debtors’ interest in villa, even though it was located in Mexico and their alter ego company held interest. 		Bankruptcy Jul. 6, 2014
Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)
Bankruptcy court properly finds Mexican national in contempt for delaying and obstructing every effort to effectuate transfer of bankruptcy estate to trustee. 		Bankruptcy Jun. 26, 2014
Clark v. Rameker
Debtor may not exclude funds within her inherited IRA from bankruptcy estate under Bankruptcy Code’s ‘retirement funds’ exemption. 		Bankruptcy Jun. 13, 2014
Executive Benefits Insurance Agency v. Arkison
Bankruptcy court may not enter final judgment in cases involving 'core' proceedings, but may issue proposed findings and conclusions of law for district court to review. 		Bankruptcy Jun. 10, 2014
Eden Place LLC v. Perl (In re Perl)
Debtor’s filing for bankruptcy voids eviction from home he still occupied, because automatic stay protected his possessory interest in home. 		Bankruptcy Jun. 9, 2014
Rivera v. Orange County Probation Dept. (In re Rivera)
Mother may not discharge debt owed to county for costs it incurred during son’s incarceration because debt was a nondischaregable domestic support obligation. 		Bankruptcy Jun. 6, 2014
Shahrestani v. Alazzeh (In re Alazzeh)
Creditor’s complaint is untimely, despite agreement between parties to extend filing deadline, because he failed to request extension from bankruptcy court. 		Bankruptcy Apr. 28, 2014
Hussain v. Malik (In re Hussain)
Couple may object to chapter 7 bankruptcy discharge where they received two blank checks that were endorsed by debtor as payment on their claim. 		Bankruptcy Apr. 17, 2014
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Debtor may recover attorney fees incurred in litigating creditor’s appeal of bankruptcy court’s ruling, which determined creditor had violated automatic stay. 		Bankruptcy Apr. 17, 2014
Drummond v. Luedtke (In re Luedtke)
Bankruptcy debtors may not claim ‘older vehicle operating expense’ to lower their disposable income by $200 per month when formulating bankruptcy plan. 		Bankruptcy Apr. 11, 2014
Calderon v. Lang (In re Calderon)
Homeowner may claim ‘homestead exemption’ for his family residence during bankruptcy proceedings, even though he rented it out and did not currently live there. 		Bankruptcy Mar. 26, 2014
Stipp v. CML-NV One LLC (In re Plise)
Non-party attorney of debtor who filed for bankruptcy may not be punished for allegedly failing to comply with creditor’s request for production of documents. 		Bankruptcy Mar. 24, 2014
Wages v. J.P. Morgan Chase Bank N.A. (In re Wages)
Homeowners may not modify terms of their mortgage with Chapter 11 bankruptcy plan, because only security for mortgage was their principal residence. 		Bankruptcy Mar. 24, 2014
Frates v. Wells Fargo Bank N.A. (In re Frates)
In denying debtors’ motion for creditor’s default, bankruptcy court incorrectly relies on California’s procedural rules, rather than federal bankruptcy rules. 		Bankruptcy Mar. 17, 2014
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