Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
06-16477
|
Educational Credit Management Corp. v. Coleman (In re Coleman)
Petition for discharge of student loan for undue hardship deemed ripe substantially in advance of Chapter 13 plan completion. |
Bankruptcy |
|
Mar. 26, 2009 | |
07-16635
|
Griffin v. Wardrobe (In re Wardrobe)
Court exceeds bankruptcy court's order granting relief from automatic stay by allowing amendment to state claim. |
Bankruptcy |
|
Mar. 17, 2009 | |
07-56537
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Opinion corrected to indicate that involuntary petition sought relief pursuant to Chapter 11 not Chapter 7. |
Bankruptcy |
|
Mar. 12, 2009 | |
08-1100
|
United States v. Gould (In re Gould)
Bankruptcy court improperly denies IRS relief from stay to set off pre-petition tax payments against debtor's liabilities under 26 U.S.C. Section 553. |
Bankruptcy |
|
Feb. 26, 2009 | |
07-15626
|
Simpson v. Burkart (Simpson)
Under California law, single-premium annuity does not qualify as life insurance for purposes of federal bankruptcy law. |
Bankruptcy |
|
Feb. 25, 2009 | |
07-35362
|
McKay v. Ingleson
Former student's financial arrangement with university was deemed non-dischargeable under Bankruptcy Code. |
Bankruptcy |
|
Feb. 24, 2009 | |
07-56537
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Bankruptcy court abuses discretion by ignoring waiver issue prior to awarding fees and costs. |
Bankruptcy |
|
Feb. 11, 2009 | |
06-16520
|
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Arizona disclaimer is not 'transfer of interest of debtor in property' for purposes of avoidance under 11 U.S.C. Section 548. |
Bankruptcy |
|
Feb. 9, 2009 | |
07-1401
|
Suarez v. Barrett (In re Suarez)
Attorney fees and costs are nondischargeable despite lack of compensatory judgment debt when awarded for debtor's willful and malicious conduct. |
Bankruptcy |
|
Feb. 6, 2009 | |
08-1233
|
Brooks-Hamilton v. Smyth (In re Brooks-Hamilton)
Bankruptcy court abuses discretion by imposing suspension sanction against attorney without consideration of ABA standards. |
Bankruptcy |
|
Feb. 4, 2009 | |
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Feb. 2, 2009 | |
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Jan. 27, 2009 | |
07-15955
|
Blausey v. U.S. Trustee
Disability payments from private insurer are included in calculation of Current Monthly Income for Chapter 7 bankruptcy proceedings. |
Bankruptcy |
|
Jan. 25, 2009 | |
07-35634
|
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7. |
Bankruptcy |
|
Jan. 15, 2009 | |
08-1114
|
B-Real v. Chaussee (In re Chaussee)
Bankruptcy Code preempts debtor's complaint alleging claimant violated fair debt collection laws by filing two proofs of claim. |
Bankruptcy |
|
Jan. 11, 2009 | |
07-35634
|
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7. |
Bankruptcy |
|
Jan. 5, 2009 | |
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Jan. 2, 2009 | |
07-1436
|
Cutter v. Seror (In re Cutter)
Court properly holds trust properties to be property of bankruptcy estate. |
Bankruptcy |
|
Dec. 17, 2008 | |
07-15686
|
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. |
Bankruptcy |
|
Dec. 16, 2008 | |
06-16421
|
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. |
Bankruptcy |
|
Dec. 11, 2008 | |
06-16857
|
Busseto Foods Inc. v. Laizure (In re Laizure)
Creditor maintains claim against debtor where trustee required creditor to return payment from debtor made within 90-day preference period. |
Bankruptcy |
|
Nov. 18, 2008 | |
07-15686
|
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. |
Bankruptcy |
|
Nov. 6, 2008 | |
07-55694
|
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. |
Bankruptcy |
|
Oct. 27, 2008 | |
06-16421
|
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. |
Bankruptcy |
|
Oct. 3, 2008 | |
06-35724
|
Rosson v. Fitzgerald (In re Rosson)
Bad-faith finding is proper where debtor defied bankruptcy court's order to deposit funds with Chapter 13 trustee. |
Bankruptcy |
|
Sep. 25, 2008 | |
06-56319
|
Barboza v. New Form Inc. (In re Barboza)
Bankruptcy court judgment against debtors is reversed where there is question of material fact as to whether copyright infringement was willful. |
Bankruptcy |
|
Sep. 24, 2008 | |
06-15411
|
Burkart v. Coleman (In re Tippett)
California's bona fide purchaser statute is not preempted by Bankruptcy Code where residence in bankruptcy estate is sold to good faith buyer. |
Bankruptcy |
|
Sep. 5, 2008 | |
07-1298
|
Federal Deposit Insurance Corp. v. Kipperman (In re Commercial Money Center Inc.)
Trustee may avoid transfer of debtor's property where investor did not perfect its security interests in lease payments and surety bonds. |
Bankruptcy |
|
Aug. 25, 2008 | |
06-17243
|
McDonald v. Checks-N-Advance Inc. (In re Ferrel)
Statutory damages are not available for violations of Truth in Lending Act's disclosure requirements. |
Bankruptcy |
|
Aug. 25, 2008 | |
06-55779
|
Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)
Debtor who fails to raise defense of settlement and release while appeal is pending forfeits that defense in later proceeding. |
Bankruptcy |
|
Aug. 22, 2008 |