Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-1142
|
In re Chagolla
Court errs in denying, as untimely, chapter 13 debtors' motion to value and avoid junior lien brought after discharge and closing of case. |
Bankruptcy |
|
Feb. 18, 2016 | |
A143068
|
Uecker v. Zentil
Doctrine of in pari delicto bars claims asserted by liquidating bankruptcy trustee against company's lawyer relating to his alleged role in company's fraud. |
Bankruptcy |
|
Feb. 9, 2016 | |
15-1149
|
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' |
Bankruptcy |
|
Feb. 9, 2016 | |
13-60038
|
U.S. Bank N.A. v .The Village at Lakeridge LLC (In re The Village at Lakeridge LLC fka Magnolia Village LLC)
Creditor does not become 'insider' by virtue of receiving claim from statutory insider nor does creditor's relationship with debtor deem creditor a non-statutory insider. |
Bankruptcy |
|
Feb. 9, 2016 | |
15-1149
|
Shalaby v. Mansdorf (In re Nakhuda)
Bankruptcy court's sua sponte sanctions for Federal Rules of Bankruptcy Procedure 9011 violations overturned where attorney's unreasonable conduct was not 'akin to contempt.' |
Bankruptcy |
|
Feb. 8, 2016 | |
15-1127
|
Elliott v. Well (In re Elliott)
Debtor not entitled to claim homestead exemption to property he elaborately concealed and vigorously attempted to shield from judgment creditors and bankruptcy trustee. |
Bankruptcy |
|
Feb. 2, 2016 | |
13-16402
|
Zachary v. California Bank & Trust (In re Zachary)
Absolute priority rule applies in individual chapter 11 reorganizations even after enactment of amendments to Bankruptcy Code under Bankruptcy Abuse Prevention and Consumer Protection Act. |
Bankruptcy |
|
Jan. 29, 2016 | |
15-1091
|
In re Adinolfi
Court errs in holding that Adoption Assistance benefits chapter 13 debtor receives are not covered by Social Security Act exclusion. |
Bankruptcy |
|
Jan. 22, 2016 | |
14-60039
|
In re Perl
Court errs in determining owner of property purchased through non-judicial foreclosure sale violated automatic stay provisions of Bankruptcy Code by evicting chapter 13 debtor. |
Bankruptcy |
|
Jan. 11, 2016 | |
13-55773
|
Gladstone v. U.S. Bancorp
Debtor's interests in term life insurance policy, including secondary market value of such policy and resulting life settlements, constitute recoverable interest under 11 U.S.C. Section 548(a)(1). |
Bankruptcy |
|
Jan. 11, 2016 | |
14-1569
|
In re Swintek
Upon first impression, 11 U.S.C. Section 108(c) tolls the one-year expiration period for Application and Order for Appearance and Examination (ORAP) liens. |
Bankruptcy |
|
Dec. 23, 2015 | |
14-1180
|
In re Martin
Although increasing number of courts have adopted literal construction of the definition of "return" in dischargeability statute, this approach rejected in light of contextual reading. |
Bankruptcy |
|
Dec. 21, 2015 | |
14-1395
|
Free v. Malaier (In re Free)
Wholly-unsecured liens previously discharged in chapter 7 filing cannot be used to calculate debtors' eligibility for subsequent chapter 13 filing. |
Bankruptcy |
|
Dec. 21, 2015 | |
15-1000
|
In re Stijakovich-Santilli
Chapter 7 trustee's objection to debtor's claim of exemption is not untimely; court errs in construing bankruptcy rule regarding exception to 30 day objection deadline. |
Bankruptcy |
|
Dec. 17, 2015 | |
14-1550
|
Franklin High Yield Tax-Free Income Fund v. City of Stockton (In re City of Stockton)
Bankruptcy court applies doctrine of equitable mootness to dismiss creditor's challenge over confirmation of City of Stockton's plan involving its chapter 9 bankruptcy filing. |
Bankruptcy |
|
Dec. 15, 2015 | |
15-1133
|
In re Delia Ruiz
Not an 'extraordinary circumstance' per se, where trustee's requested compensation exceeds payment to unsecured creditors. |
Bankruptcy |
|
Dec. 15, 2015 | |
15-1072
|
In re Jackson
Bankruptcy court correctly overrules chapter 13 debtors' claim objection to IRS's amended proof of claim. |
Bankruptcy |
|
Dec. 9, 2015 | |
14-1499
|
Carpenter v. Montana Dept. of Labor and Industry Unemployment Insurance Contributions Bureau (In re Carpenter)
Montana's tax claim for unpaid corporate taxes takes priority status in corporate officers' personal bankruptcy case. |
Bankruptcy |
|
Nov. 20, 2015 | |
12-60052
|
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Precedent allowing debtor to recover only fees incurred to end stay violation overruled, allowing debtor to recover fees incurred to prosecute damages action. |
Bankruptcy |
|
Oct. 15, 2015 | |
14-1429
|
Mainline Equipment, Inc.
Bankruptcy court properly set aside tax liens imposed by Los Angeles County against property owner. |
Bankruptcy |
|
Oct. 5, 2015 | |
14-1586
|
Lakhany v. Khan (Lakhany)
Bankruptcy court grants creditor relief from stay, allowing creditor to proceed with state action claim against creditor. |
Bankruptcy |
|
Oct. 2, 2015 | |
13-16097
|
In re Penrod
A debtor who prevails in a contract dispute on the basis of federal bankruptcy law may recover reasonable attorney's fees under California Civil Code Section 1717. |
Bankruptcy |
|
Oct. 2, 2015 | |
13-35354
|
In the Matter of: Blendheim
Bankruptcy Code permits Chapter 20 debtors to permanently void a lien upon completion of Chapter 13 plan, irrespective of their eligibility to obtain discharge. |
Bankruptcy |
|
Oct. 2, 2015 | |
G050448
|
In re Marriage of Walker
Proceeds from sale of community property home should be distributed equally; spouse not entitled to greater share because of her chapter 7 bankruptcy discharge. |
Bankruptcy |
|
Oct. 1, 2015 | |
13-56045
|
In the Matter of: Tower Park Props.
Trust beneficiary is not 'party of interest' under bankruptcy code and therefore lacks standing to object to settlement between debtor, trust's entities and trustees. |
Bankruptcy |
|
Sep. 29, 2015 | |
14-1563
|
Ezra v. Seror (In re Ezra)
Chapter 7 bankruptcy trustee may avoid allegedly fraudulent transfers where debtors' pattern of practice evidenced intent to hinder, delay, or defraud creditors. |
Bankruptcy |
|
Sep. 24, 2015 | |
12-17176
|
JPMCC 2007-C1 Grasslawn Lodging LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties Inc.)
Upon rehearing, appeal of Lender who objected to debtors' plan of reorganization is not equitably moot. |
Bankruptcy |
|
Sep. 16, 2015 | |
13-55509
|
Sahagun v. Landmark Fence Co. Inc. (In re Landmark Fence Co. Inc.)
Appellate court lacks jurisdiction to preside over appeal over district court's order, vacating bankruptcy court's decision and remanding for further fact finding because order is not 'final.' |
Bankruptcy |
|
Sep. 14, 2015 | |
14-1342
|
In re Pham
Bankruptcy court cannot rely on local rules to sanction nonparty debtors and their attorney in deposition dispute. |
Bankruptcy |
|
Sep. 4, 2015 | |
13-15604
|
Bos v. Board of Trustees
Employer's debt dischargeable in Chapter 7 proceeding because he is not fiduciary under Section 523(a)(4) of Bankruptcy Code. |
Bankruptcy |
|
Jul. 30, 2015 |