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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
United States v. Hall
Tax on gain from sale of farm during bankruptcy is not dischargeable in Chapter 12 case. 		Bankruptcy Aug. 17, 2010
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
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
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
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
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
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
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
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
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
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
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
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
Giesbrecht v. Fitzgerald (In re Giesbrecht)
Although bankruptcy court has discretion to deny debtor’s direct payment to creditor, it errs in failing to articulate standards for arriving at its decision. 		Bankruptcy May 16, 2010
Heilman v. Heilman (In re Heilman)
Dissolution decree listing community debt discharged by spouse’s bankruptcy before divorce invalidly attempts to revive personal liability for already discharged debt. 		Bankruptcy May 16, 2010
Fitzgerald v. Ninn Worx Sr. Inc.
Sale Order is invalid where bankruptcy court does not assure optimal value is being realized for cause of action asset. 		Bankruptcy May 6, 2010
Ghomeshi v. Sabban (In re Sabban)
Monetary award to client who employed unlicensed contractor is not excepted from discharge as debt obtained by fraud. 		Bankruptcy Apr. 14, 2010
United Student Aid Funds Inc. v. Espinosa
Bankruptcy court’s order discharging student loan debt is not void where creditor had actual notice of bankruptcy plan. 		Bankruptcy Mar. 23, 2010
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