Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Judge Thuma

In re Boydstun

Plaintiff creditor filed a motion to waive the filing fee in an adversary proceeding against defendant debtor seeking the nondischargeability of his obligation to her.
Ruling: 
Waiver of filing fee in adversary proceeding granted to creditor with insufficient assets.
ABI Membership is required to access the full summary of In re Boydstun. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-069

Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi)

Plaintiff chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 544(a)(3) and § 11 (765 ILCS 5/11) of the Illinois Conveyances Act seeking to avoid defendant bank's mortgage. The complaint alleged that the mortgage was insufficient pursuant to Illinois law to provide constructive notice to a bona fide purchaser of the bank's interest and, therefore, could be avoided. Before the court were the parties' cross-motions for summary judgment.
Ruling: 
State court judgment for fiduciary defalcation by estate administrator was nondischargeable.
ABI Membership is required to access the full summary of Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-053

Lastra v. United States (In re Lastra)

Plaintiff debtor filed an action against defendant United States (IRS) to determine if the debtor's 2007 income taxes were discharged. The parties filed cross motions for summary judgment.
Ruling: 
Equitable tolling applied to collection due process hearing on debtor's taxes, preventing discharge.
ABI Membership is required to access the full summary of Lastra v. United States (In re Lastra). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-046

Kerivan v. Frohmayer Deatherage Jamieson Moore Armosino & McGovern PC (In re Krouse Ranch Inc.)

Creditors of a bankruptcy debtor brought an adversary proceeding against defendant law firm which represented the debtor in a trial which resulted in a judgment in favor of the creditors, seeking to avoid as fraudulent under 11 U.S.C.S. § 548 a transfer of a deed of trust against the debtor's property to the firm. The firm moved for summary judgment.
Ruling: 
Creditors could seek avoidance of deed of trust in favor of debtor's attorneys given badges of fraud.
ABI Membership is required to access the full summary of Kerivan v. Frohmayer Deatherage Jamieson Moore Armosino & McGovern PC (In re Krouse Ranch Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 22,2010, LexisNexis #1210-021

Grochocinski v. Shepar Capital LLC (In re CMGT Inc.)

Chapter 7 trustee filed an adversary proceeding against judgment creditor, seeking a determination that the creditor failed to properly serve the debtor with a citation to discover assets and had no judgment lien against the debtor's assets. The creditor filed counterclaims alleging breach of contract, promissory estoppel, and laches, and the trustee and the creditor both moved for summary judgment.
Ruling: 
Statutory lien avoided due to improper service on debtor.
ABI Membership is required to access the full summary of Grochocinski v. Shepar Capital LLC (In re CMGT Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 17,2009, LexisNexis #0409-054

In re Perrotta

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) or (b)(3). The debtor filed an objection.
Ruling: 
Dismissal for presumption of abuse denied due to United States Trustee's failure to meet deadlines.
ABI Membership is required to access the full summary of In re Perrotta. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 21,2007, LexisNexis #1207-081

Businger v. Storer (In re Storer)

Plaintiff homeowners filed an adversary proceeding for a ruling that the amount that the homeowners paid to a third party contractor to finish their home, above and beyond the amount they agreed to pay to defendant debtor's building company was non-dischargeable under 11 U.S.C. § 523(a)(2) in the bankruptcy proceeding filed by the debtor. After a trial, the court issued findings of fact and conclusions of law.
Ruling: 
Debts of debtor's alter ego LLC were not nondischargeable debts of debtor absent fraud.
ABI Membership is required to access the full summary of Businger v. Storer (In re Storer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 15,2007, LexisNexis #0108-121

In re RNI Wind Down Corp.

A former officer of the corporate debtor filed a claim for indemnification and advancement of his defense costs incurred in a civil Securities Exchange Commission ("SEC") action in the Northern District of California, pursuant to debtor's corporate charter and Del. Code Ann. tit. 8, § 145. The plan administrator filed an objection seeking to disallow the claim pursuant to 11 U.S.C. § 502(e)(1)(B), as a contingent claim for reimbursement of debt.
Ruling: 
Claim by former officer of debtor for attorneys'fees received in SEC investigation was not subject to disallowance.
ABI Membership is required to access the full summary of In re RNI Wind Down Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Adell

The debtor filed an emergency motion for reconsideration after the court entered an order dismissing his chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a).
Ruling: 
Reconsideration of dismissal denied where debtor had purchased home in Florida with exempt assets in attempt to avoid creditors.
ABI Membership is required to access the full summary of In re Adell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Thuma