Skip to main content

Page Banner(Taxonomy)

judge paul

In re Yuen

Ruling
Debtor was ineligible due to debt in excess of chapter 13 limits.
Issue(s)
Was debtor with more than $367,000 in scheduled unsecured debt eligible under chapter 13.

ABI Membership is required to access the full summary of In re Yuen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 09, 2013 , LexisNexis #1013-106

In re Miller

Ruling
Plan not providing for equal payments could not be confirmed.
Issue(s)
Could chapter 13 plan providing for payments in unequal amounts be confirmed .

ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 09, 2013 , LexisNexis #1013-134

In re Jefferson

Ruling
Stay annulled where debtor had no interest in property that was subject of sole scheduled secured debt.

ABI Membership is required to access the full summary of In re Jefferson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 22, 2013 , LexisNexis #0913-075

In re Loud

Ruling
Relief from stay denied as creditor was adequately protected by plan payments and insurance.
Procedural posture

A creditor secured by a bankruptcy debtor's real properties moved for relief from the automatic bankruptcy stay to allow the creditor to foreclose against the properties.

ABI Membership is required to access the full summary of In re Loud Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 23, 2013 , LexisNexis #0813-043

In re Tremble

Ruling
Purchaser of real property at foreclosure granted relief from stay to evict debtor.
Procedural posture

In a bankruptcy debtor's fourth bankruptcy case in four years, a purchaser of the debtor's real property at a foreclosure sale moved for relief from the automatic bankruptcy stay to allow the purchaser to evict the debtor from the property.

ABI Membership is required to access the full summary of In re Tremble Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 16, 2013 , LexisNexis #0813-004

Tajian v. Taylor (In re Taylor)

Ruling
Representation regarding future disposition of funds was not grounds for nondischargeability.
Procedural posture

Creditor filed an adversary proceeding against debtors, seeking a determination that he held title to a particular vehicle and that two cash loans he made to the debtors were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(4). The debtors contested the matter and filed counterclaims. Both parties sought attorneys' fees. The court issued its findings of fact and conclusions of law.

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

Consumer opinion summary, case decided on July 16, 2013 , LexisNexis #0813-016

In re Rodriguez

Ruling
Presumption of validity does not apply to supplements to claims.
Issue(s)
Whether a mortgage company that failed to filed a timely claim seeking reimbursement of payments it made postpetition to maintain insurance and pay taxes on a house a chapter 13 debtor owned was entitled to collect those payments.

ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2013 , LexisNexis #0813-033

In re Bay

Ruling
Attorney's fee sharing agreement with firm of she was not a member was invalid.
Procedural posture

The court issued an order to show cause directed to the debtor's counsel. It held an evidentiary hearing.

ABI Membership is required to access the full summary of In re Bay Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 18, 2013 , LexisNexis #0713-041

In re West

Ruling
Debtor's fifth chapter 13 case dismissed with prejudice for bad faith and abuse.
Procedural posture

A hearing was held on a court's order to show cause and on a creditor's motion for relief from stay regarding a chapter 13 debtor's exempt property.

ABI Membership is required to access the full summary of In re West Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 31, 2013 , LexisNexis #0713-029

In re Campos

Ruling
Fees and expenses of special litigation counsel allowed as reasonable and necessary.
Procedural posture

In this chapter 7 action, before the court was the final application of special litigation counsel for allowance of compensation filed by applicant law firm. The trustee filed a limited objection.

ABI Membership is required to access the full summary of In re Campos Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 31, 2013 , LexisNexis #0613-110