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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
USAA Federal Savings Bank v. Thacker (In re Taylor)
Property should be returned to bankrupt estate where estimate of property value award is not appropriate because it is not easily determinable. 		Bankruptcy Mar. 22, 2010
Marshall v. Stern (In re Marshall)
Texas probate court's findings regarding decedent's intent to give widow substantial gift must be given preclusive effect against bankruptcy court's findings. 		Bankruptcy Mar. 21, 2010
Milavetz, Gallop & Milavetz P.A. v. United States
Agencies violate Bankruptcy Abuse Prevention and Consumer Protection Act only if impetus of advice to incur more debt is expectation of filing for bankruptcy. 		Bankruptcy Mar. 8, 2010
USAA Federal Savings Bank v. Thacker (In re Taylor)
Bankruptcy court has discretion to award trustee value of avoided security interest, but it errs in determining security interest’s value. 		Bankruptcy Feb. 28, 2010
Groshong v. Sapp (In re MILA Inc.)
Automatic stay is properly modified so that director/officer can receive assistance with defense costs from debtor’s insurer. 		Bankruptcy Feb. 12, 2010
Lehman Commercial Paper Inc. v. Palmdale Hills Property LLC (In re Palmdale Hills Property LLC)
Although creditor attempted to collect its claim, debtor’s filing for equitable subordination against creditor violates creditor’s chapter 11 bankruptcy automatic stay. 		Bankruptcy Feb. 10, 2010
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. 		Bankruptcy Feb. 9, 2010
State Bar of California v. Findley (In re Findley)
Attorney disciplinary costs imposed by California State Bar Court are excepted from discharge in bankruptcy. 		Bankruptcy Feb. 2, 2010
Chase Manhattan Bank USA N.A. v. Taxel (In re Deuel)
Bankruptcy trustee as bona fide purchaser for value is not subject to unrecorded lien listed in schedules filed simultaneously with bankruptcy petition. 		Bankruptcy Jan. 29, 2010
Greenpoint Mortgage Funding Inc. v. Herrera (In re Herrera)
Provisions of addendum incorporated into debtors’ chapter 13 debt-repayment plans do not improperly modify mortgage creditors’ contractual rights. 		Bankruptcy Jan. 20, 2010
Ormsby v. First American Title Co. of Nevada (In re Ormsby)
State court judgment against debtor due to larceny is non-dischargeable where totality of circumstances showed that debtor acted with fraudulent intent. 		Bankruptcy Jan. 11, 2010
Sticka v. Applebaum (In re Applebaum)
California’s bankruptcy-only exemptions are not preempted by federal Bankruptcy Code. 		Bankruptcy Jan. 7, 2010
Harris v. Wittman (In re Harris)
Bankruptcy court has jurisdiction over state law breach of contract claim against trustee for trustee's conduct surrounding sale of estate assets. 		Bankruptcy Dec. 22, 2009
Nilsen v. Neilson (In re Cedar Funding Inc.)
Quasi-judicial immunity protects trustee from defamation claim where trustee made statements while performing functions in administration of bankruptcy estate. 		Bankruptcy Dec. 14, 2009
California Franchise Tax Board v. Jones (In re Jones)
Income tax obligation is only entitled to priority status if actually filed during three-year period prior to filing of bankruptcy petition. 		Bankruptcy Dec. 14, 2009
J.J. Re-Bar Corp. Inc. v. United States (In re J.J. Re-Bar Corp. Inc.)
Confirmation of reorganization plan does not preclude IRS from collecting payroll taxes where plan did not expressly enjoin IRS from pursuing collection. 		Bankruptcy Nov. 18, 2009
Congrejo Investments LLC v. Mann (In re Bender)
Bankruptcy Appellate Panel's order remanding case for fact-finding is neither final nor appealable unless purpose of remand was 'mechanical or computational.' 		Bankruptcy Nov. 5, 2009
Waag v. Permann (In re Waag)
Prepetition judgment is not necessary to qualify for discharge exception that applies when damages are awarded against debtor due to individual’s death. 		Bankruptcy Nov. 3, 2009
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. 		Bankruptcy Oct. 22, 2009
Yarnall v. Martinez (In re Martinez)
Obligation to junior lienholder, who is ‘stripped’ and reclassified as unsecured creditor, may not be considered when calculating debtor’s disposable income. 		Bankruptcy Oct. 20, 2009
American Express Bank FSB v. Smith (In re Smith)
Bankrupt debtors cannot deduct debt payments that are not being paid where property had been surrendered on debtor's own volition. 		Bankruptcy Oct. 20, 2009
Hopkins v. Cerchione (In re Cerchione)
Bankrupt couple using proceeds from home sale to build new homestead automatically receives exemption without having to record or reside on property. 		Bankruptcy Oct. 14, 2009
Greene v. Savage (In re Greene)
Exemption of debtor's property during bankruptcy is not limited by homestead declaration or land acquisition more than 1,215 days before filing. 		Bankruptcy Oct. 5, 2009
Sternberg v. Johnston
Attorney's defense of order holding that ex-husband violated divorce decree violates automatic stay that arose when ex-husband filed for bankruptcy. 		Bankruptcy Oct. 2, 2009
Dumont v. Ford Motor Credit Co. (In re Dumont)
Debtor's selection of eliminated 'ride-through' option terminates automatic stay and entitles creditor to repossession upon default. 		Bankruptcy Sep. 16, 2009
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