- 11 U.S.C.
In re Matthews
Apr
21
2015
Ruling
Lienholders were precluded by the Barton doctrine from suing the trustee for alleged breach of fiduciary duty.
Issue(s)
Did the Barton doctrine prevent lienholders from suing the trustee for alleged breach of fiduciary duty relating to property damage?
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Court
:
In re Khan
Feb
19
2015
Ruling
Confirmation denied and case dismissed due to failure of plan to meet best interests of creditors test, lack of feasibility and bad faith.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied pursuant to objections of trustee and creditor?
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Court
:
- 11 U.S.C.
DRCK LLC v. Chong (In re Chong)
Dec
18
2014
Ruling
Debt was nondischargeable due to continuous pattern of misrepresentation, omission and dissimulation, with the intent to deceive creditors.
Issue(s)
Were misrepresentations regarding use of funds grounds for nondischargeable debt?
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Court
:
- 28 U.S.C.
Western Capital Partners LLC v. Cook (In re Western Capital Partners)
Nov
24
2014
Ruling
State court rulings on appeal did not give rise to res judicata or application of the Rooker- Feldman doctrine to require either allowance or disallowance of related claims.
Issue(s)
Whether rulings of state court, although on appeal, warranted the application of res judicata or other preclusion doctrines for either the debtor or defendants for purposes of summary judgment in an action related to a commercial loan issued by debtor bank.
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Court
:
In re eFusion Servs. LLC
Oct
16
2014
Ruling
Chapter 11 case dismissed as a two-party dispute over control and ownership of six entities.
Issue(s)
Whether debtor's chapter 11 case was filed in good faith, and if not, whether the case should be dismissed or converted?
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Court
:
- 11 U.S.C.
Kim v. Sun (In re Sun)
Sep
12
2014
Ruling
Debt was nondischargeable due to debtors' false representations that caused creditors to invest funds.
Issue(s)
Was claim for funds invested with debtor nondischargeable due to debtor's misrepresentations?
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Court
:
- 11 U.S.C.
In re Adam Aircraft Indus.
Sep
12
2014
Ruling
Attorneys' fees approved as reasonable given hours expended, benefit to estate and skill and expertise required.
Issue(s)
Should attorneys' fees incurred by firm hired by trustee to pursue complex lender liability litigation?
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Court
:
- 11 U.S.C.
In re Nunez
Sep
11
2014
Ruling
Plan modification denied pending debtor's provision of requested financial information to trustee.
Issue(s)
Whether the chapter 13 trustee may properly request updated Schedules I and J to reflect any changes in income and expenses, and copies of the debtors' recent tax returns pay advices in order to determine whether debtor's proposed modified plan is feasible and filed in good faith?
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Court
:
- 11 U.S.C.
Polanco v. Roth (In re Roth)
Feb
21
2014
Ruling
State court judgment of sexual harassment was nondischargeable.
Issue(s)
Did a state court judgment for debtor's sexual harassment of an employee involve willful and malicious conduct so as to be nondischargeable?
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Court
:
- 11 U.S.C.
Lykins v. Thomas (In re Thomas)
Dec
27
2013
Ruling
Debt owed to seller of vehicles by debtor's corporate alter ego was nondischargeable.
Issue(s)
Was debt nondischargeable due to debtor's control of corporate alter ego's finances and use of the certified funds from creditor without authorization to pay corporate obligations.
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Court
: