Judge Kenney

In re National Heritage Found. Inc.

Chapter 11 debtor filed a motion for contempt and sanctions against respondents, creditors and their counsel, based on respondents' filing of a class action suit against the debtor and its officers and directors.
Ruling: 
Creditor and attorney held in contempt for filing postconfirmation civil lawsuit to collect discharged debts.
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Commercial case opionion summary, case decided on June 21,2013, LexisNexis #0713-130

McCarthy v. Wells Fargo Bank (In re El-Atari)

Trustee filed an adversary proceeding against bank. The bank's motions to withdraw the reference to the district court were denied. The case was referred for mediation, but the mediation was unsuccessful. The bank's motion to dismiss the amended complaint was granted, in part, and denied, in part.
Ruling: 
Reference of fraudulent transfer proceeding withdrawn to allow for jury trial on affirmative defense of good faith.
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Consumer case opionion summary, case decided on May 22,2013, LexisNexis #0613-060

In re Chong

Chapter 7 debtor filed a motion for contempt sanctions under 11 U.S.C.S. § 362(k)(1) against creditors, the owner and the lessor of business premises sublet by the debtor, for alleged violations of the automatic stay.
Ruling: 
Sanctions for eviction of debtors in violation of 14-day stay denied as trustee held the possessory interest in the premises.
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Consumer case opionion summary, case decided on May 01,2013, LexisNexis #0513-076

In re Matthews

Chapter 7 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3), and the primary creditor filed a motion to dismiss debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Case dismissed with one year filing bar due to lack of good faith.
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Consumer case opionion summary, case decided on April 03,2013, LexisNexis #0413-112

Meiburger v. LNDP&G Ultra Trust (In re Woodworth)

Chapter 7 trustee filed a complaint against a trust and its trustee seeking to avoid a transfer of funds to the trust by the debtor pursuant to 11 U.S.C.S. § 548(a)(1)(A) and (a)(1)(B) and to recover the value of the transfer under 11 U.S.C.S. § 550(a).
Ruling: 
Debtor's transfer of funds originally transferred into brokerage account by debtor's mother to trust account was avoidable.
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Consumer case opionion summary, case decided on February 06,2013, LexisNexis #0213-129

In re WSG Dulles LP

In jointly administered chapter 11 cases, secured creditors (the creditors) filed motions to dismiss for cause pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Jointly administered cases dismissed due to bad faith based on diversion of funds.
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Commercial case opionion summary, case decided on January 04,2013, LexisNexis #0113-126

In re Qimonda Ag

A foreign representative filed a motion in a chapter 15 bankruptcy case, seeking an order enjoining a French semiconductor company from prosecuting an action it filed against a German company ("debtor") and its U.S. affiliate in the U.S. District Court for the Northern District of California. The French company opposed the foreign representative's motion and asked the bankruptcy court to grant relief from the automatic stay.
Ruling: 
French company's action against German debtor and U.S. affiliate enjoined to the extent alleging prepetition breaches of agreement.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-136

In re Eidson

The chapter 7 trustee sought approval of his final report. Debtor and his non-debtor wife, filed objections. At issue was whether the trustee was entitled to a commission, under 11 U.S.C.S. § 326(a), on proceeds that were distributed to the debtor's wife for her interest in property that the trustee sold pursuant to 11 U.S.C.S. § 363(h).
Ruling: 
Trustee not entitled to commission on proceeds from sale of property distributed to non- debtor spouse.
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Consumer case opionion summary, case decided on October 24,2012, LexisNexis #1112-039

Schwab Structural Engg Inc. v. Kercsmar (In re Kercsmar)

Plaintiff creditor filed its adversary proceeding objecting to the dischargeability of its debt. Defendant debtor moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), and failure to timely file the adversary complaint under Fed. R. Bankr. P. 4007(c) and 11 U.S.C.S. § 523(c).
Ruling: 
Adversary proceeding dismissed as untimely where creditor failed to file or request extension of time by bar date.
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Consumer case opionion summary, case decided on September 12,2012, LexisNexis #1012-068

In re Paliev

Chapter 13 trustee objected to confirmation of the debtor's amended chapter 13 plan on the grounds of lack of good faith under 11 U.S.C.S. § 1325(a)(3) and failure to meet the disposable income test under § 1325(b)(1)(B). The trustee also moved to dismiss the bankruptcy case on the grounds of lack of good faith and unreasonable delay that was prejudicial to creditors pursuant to 11 U.S.C.S. § 1307(c)(1).
Ruling: 
Confirmation denied due to failure to meet disposable income test.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-100

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