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

Northern District

In re Cleveland

Claimants were engaged in the business of purchasing and servicing unsecured bankruptcy receivables through blanket assignments, and the claimants filed proofs of claim in debtors' bankruptcies. The debtors objected to the proofs of claim on the grounds that the claimants did not establish legal ownership of the debts and that the claims were unenforceable under state law.
Ruling: 
Purchaser and servicer of unsecured bankruptcy receivables sufficiently established ownership of claims objected to by debtors.
ABI Membership is required to access the full summary of In re Cleveland. 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 September 30,2008, LexisNexis #1108-006

In re Hale-Halsell Co.

Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
Ruling: 
Creditor's committee's counsel's application for enhanced fee denied.
ABI Membership is required to access the full summary of In re Hale-Halsell Co.. 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 July 01,2008, LexisNexis #0808-057

In re Chalakee

Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
Ruling: 
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
ABI Membership is required to access the full summary of In re Chalakee. 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 February 27,2008, LexisNexis #0408-008

In re Engles

When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
Ruling: 
Debtors could not obtain revocation of own discharge.
ABI Membership is required to access the full summary of In re Engles. 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 February 27,2008, LexisNexis #0408-017

In re Kendall

The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Claim disallowed due to lack of documentary support.
ABI Membership is required to access the full summary of In re Kendall. 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 27,2007, LexisNexis #0208-004

In re Makres

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(2). The court issued findings of fact and conclusions of law.
Ruling: 
Presumption of abuse did not arise where debtor properly completed Form B22A means test.
ABI Membership is required to access the full summary of In re Makres. 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 07,2007, LexisNexis #0108-051

Wieland v. Harvey (In re Harvey)

Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
ABI Membership is required to access the full summary of Wieland v. Harvey (In re Harvey). 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 October 16,2007, LexisNexis #1207-034

In re Callahan

Plaintiff trustee sought summary judgment that defendant vendor's repossession of inventory in the possession of debtors was an avoidable preference under 11 U.S.C. § 547(b). Defendant cross-moved for summary judgment on a claim that the inventory, which debtors bought from defendant in connection with their lease of his convenience store, was not debtors'"property" under section 547 and that its value was less than the minimum required therein.
Ruling: 
Store inventory purchased from lessor was property of the estate.
ABI Membership is required to access the full summary of In re Callahan. 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 11,2007, LexisNexis #1107-078

Davis v. Hoserman (In re Hosterman)

Plaintiff creditor, the former wife of defendant debtor, brought an adversary proceeding to determine whether a hold harmless provision in the parties'decree of divorce, whereby the debtor agreed to hold the former wife harmless as to various credit card debts, constituted a nondischargable obligation of the debtor within the meaning of 11 U.S.C. § 523(a)(15).
Ruling: 
Hold harmless obligation contained in divorce decree was nondischargeable due to BAPCA elimination of "balancing test."
ABI Membership is required to access the full summary of Davis v. Hoserman (In re Hosterman). 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 October 09,2007, LexisNexis #1107-077

Custom Heating & Air Inc. v. Andress (In re Andress)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523. The district court remanded the matter and instructed the bankruptcy court to reassess the damages attributable to loss of goodwill by the creditor as a result of the debtor's willful and malicious conduct.
Ruling: 
Contractual penalty for debtor's violation of non-compete covenant was nondischargeable.
ABI Membership is required to access the full summary of Custom Heating & Air Inc. v. Andress (In re Andress). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Northern District