Judge Gold

Garcia-Lawson v. Garland

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-043

Colonial Bank v. Freeman (In re Pac. Forest Prods. Corp.)

Appellee, a trustee in bankruptcy, brought an adversary proceeding against appellant banks in the bankruptcy court for the avoidance and recovery of fraudulent transfers under 11 U.S.C. §§ 544 and 548. The bankruptcy court granted the trustee's motion for a partial summary judgment, and the banks brought motions for leave to appeal the interlocutory order pursuant to 28 U.S.C. § 158(a).
Ruling: 
Court granted motion for interlocutory appeal to determine if a Ponzi scheme was a check kiting scheme and whether such scheme established debtor intent to defraud.
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