City & County of San Francisco v. PG&E Corp.

Jan

2006

Ruling

State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.

Procedural posture

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.

ABI Membership is required to access the full summary of City & County of San Francisco v. PG&E Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 10, 2006 , LexisNexis #0106-127

LexisNexis Article

Learn More

11 U.S.C.

Verdini v. Poirier (In re Verdini)

Dec

2005

Ruling

Marital debts were deemed dischargeable since the alimony was actually compensation for unequal distribution of corporate assets.

Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, alleging that debts to the spouse arising from the parties'settlement agreement in their divorce proceedings were dischargeable. The spouse contended that the debts were nondischargeable under 11 U.S.C. § 523(a)(5) and (15) as alimony and as marital debts which the debtor was able to pay.

ABI Membership is required to access the full summary of Verdini v. Poirier (In re Verdini) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Middle District of Pennsylvania ( Judge France ) [ Bankruptcy Court ]

opinion summary, case decided on December 02, 2005 , LexisNexis #0506-126

LexisNexis Article

Learn More