Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
10-1102
|
Honkanen v. Hopper (In re Honkanen)
Real estate broker does not act in fiduciary capacity in prior relationship and thus, judgment against her is dischargeable in bankruptcy proceeding. |
Bankruptcy |
|
Mar. 3, 2011 | |
10-1141
|
Pacific Capital Bancorp N.A. v. East Airport Development LLC (In re East Airport Development LLC)
Bankruptcy judge may enforce release price agreement between parties because party may be compelled, in legal or equitable action, to accept money satisfaction. |
Bankruptcy |
|
Mar. 2, 2011 | |
10-1117
|
Carter v. Brooms (In re Brooms)
Prepetition debt arising from judgment owed by debtor to assignee is properly discharged due to assignee's willful failure to comply with court orders. |
Bankruptcy |
|
Mar. 2, 2011 | |
09-55810
|
Barrientos v. Wells Fargo Bank N.A.
Motion for contempt for violation of discharge injunction under 11 U.S.C. Section 524 must be brought in bankruptcy case, rather than adversary proceeding. |
Bankruptcy |
|
Feb. 11, 2011 | |
10-1082
|
Green v. Roberts (In re Stinson)
In determining perfected transfer, transfer of interest in vehicle is effective when transferee obtained equitable title despite failure to register with DMV. |
Bankruptcy |
|
Feb. 2, 2011 | |
09-907
|
Ransom v. FIA Card Services
Debtor may not deduct car-ownership costs in calculating disposable income for bankruptcy plan where car is not subject to loan or lease payments. |
Bankruptcy |
|
Jan. 11, 2011 | |
10-1202
|
Nowak v. Hummel (In re Hummel)
Arizona law requires child of debtor named as beneficiary in life insurance policy to be debtor’s dependent for purposes of obtaining exemption. |
Bankruptcy |
|
Dec. 14, 2010 | |
10-1188
|
Korneff v. Downey Regional Medical Center-Hospital Inc. (In re Downey Regional Medical Center-Hospital Inc.)
Employee has no right to account funds from his deferred compensation pursuant to plan because funds remain part of employer’s estate. |
Bankruptcy |
|
Dec. 13, 2010 | |
10-1104
|
Fursman v. Ulrich (In re First Protection Inc.)
Debtors’ membership interest in limited liability company is personal property subject to avoidance of transfer following bankruptcy petition. |
Bankruptcy |
|
Dec. 8, 2010 | |
08-56974
|
Goodrich v. Briones (In re Schwarzkopf)
Debtor who had control over trust and its assets has equitable ownership of trust sufficient to impose alter ego liability. |
Bankruptcy |
|
Nov. 23, 2010 | |
09-1350
|
Berry v. United States Trustee (In re Sustaita)
Civil penalty under Bankruptcy Code Section 526 is improper where petition preparer did not have explicit notice that court acted on its own motion. |
Bankruptcy |
|
Oct. 28, 2010 | |
09-1292
|
People’s Capital and Leasing Corp. v. Big3D Inc. (In re Big3D Inc.)
Creditor is not entitled to retroactive adequate protection for depreciation of collateral’s damage where creditor failed to fully exercise state court remedies. |
Bankruptcy |
|
Oct. 26, 2010 | |
09-60005
|
Battle Ground Plaza LLC v. Ray (In re Ray)
Bankruptcy court does not have jurisdiction over breach of contract claim against debtor after bankruptcy case is closed. |
Bankruptcy |
|
Oct. 25, 2010 | |
07-16769
|
Gebhart v. Gaughan (In re Gebhart)
Residence remains within bankruptcy estate although value of claimed exemption plus encumbrances on residence was equal to value at filing of petition. |
Bankruptcy |
|
Sep. 15, 2010 | |
09-1273
|
Scott v. United States (In re Scott)
Service to IRS is ineffective if addressed to agency’s mailing address, and should be addressed to U.S. attorney where action is brought. |
Bankruptcy |
|
Sep. 3, 2010 | |
09-1356
|
Tyner v. Nicholson (In re Nicholson)
Bad faith objection against debtors’ claim of exemption should be determined by preponderance of evidence standard, not clear and convincing evidence standard. |
Bankruptcy |
|
Aug. 26, 2010 | |
09-1377
|
Foster v. Double R Ranch Association (In re Foster)
Chapter 13 does not discharge of homeowners’ association dues when debtor maintains legal, equitable, or possessory interest in property. |
Bankruptcy |
|
Aug. 20, 2010 | |
08-17267
|
United States v. Hall
Tax on gain from sale of farm during bankruptcy is not dischargeable in Chapter 12 case. |
Bankruptcy |
|
Aug. 17, 2010 | |
08-56508
|
State Compensation Insurance Fund v. Zamora (In re Silverman)
Criminal restitution payments are subject to provisions of statute governing avoidable transfers in bankruptcy proceedings. |
Bankruptcy |
|
Aug. 13, 2010 | |
07-15970
|
Tramiel v. Decker (In re JTS Corp.)
In bankruptcy case, good faith purchaser of fraudulently transferred property is liable for value of property offset by amount he paid. |
Bankruptcy |
|
Aug. 11, 2010 | |
09-1321
|
Smith v. Rojas (In re Smith)
Debt secured by consensual lien that is wholly unsecured may be counted as unsecured debt for purposes of determining chapter 13 eligibility. |
Bankruptcy |
|
Jul. 30, 2010 | |
09-1409
|
Zotow v. Johnson (In re Zotow)
Creditor does not violate automatic stay in bankruptcy proceeding where communication to debtor is informational, not attempt to collect or recover payment. |
Bankruptcy |
|
Jul. 21, 2010 | |
08-60037
|
AmeriCredit Financial Services Inc. v. Penrod (In re Penrod)
Lender cannot obtain purchase money security interest for negative equity because it is considered antecedent debt. |
Bankruptcy |
|
Jul. 19, 2010 | |
09-1408
|
Mwangi v. Wells Fargo Bank N.A. (In re Mwangi)
Bankruptcy court errs in finding that exempt property never becomes property of bankruptcy estate but remains debtor's property. |
Bankruptcy |
|
Jul. 13, 2010 | |
08-17007
|
Ta Chong Bank Ltd. v. Hitachi High Technologies America Inc.
Claims regarding assignment obligations found to be part of bankruptcy estate by bankruptcy court may not be litigated again in district court. |
Bankruptcy |
|
Jul. 8, 2010 | |
08-538
|
Schwab v. Reilly
Bankruptcy estate trustee is not required to object to exemptions because debtor’s value of claimed exemptions are within Bankruptcy Code’s applicable range. |
Bankruptcy |
|
Jun. 18, 2010 | |
08-56570
|
Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc. (In re Southern California Sunbelt Developers Inc.)
Bankruptcy court may award attorney fees for all costs associated with dismissal of involuntary bankruptcy petition, including litigation of claims for damages. |
Bankruptcy |
|
Jun. 10, 2010 | |
08-998
|
Hamilton v. Lanning
Where application of ‘mechanical approach’ yields payment plan far exceeding debtor’s income, bankruptcy court can change payments. |
Bankruptcy |
|
Jun. 8, 2010 | |
08-60023
|
Retz v. Samson (In re Retz)
Bankruptcy court properly denies discharge where debtor knowingly omits significant assets on Schedules and Statement of Financial Affairs. |
Bankruptcy |
|
Jun. 7, 2010 | |
G041311
|
Boyajian v. Ordoubadi
Joint tortfeasor’s claim for equitable indemnity was discharged in 1994 bankruptcy proceeding, even though he did not pay underlying debt until 2004. |
Bankruptcy |
|
May 20, 2010 |