Skip to main content

Page Banner(Taxonomy)

judge spraker

Italiane, In re--Italiane v. Catanzarite

Ruling
Bankruptcy appellate panel held that bankruptcy court did not err in finding that state courtstipulated judgment was preclusive on the issue of nondischargeability. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Italiane, In re--Italiane v. Catanzarite 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
Consumer opinion summary, case decided on October 04, 2021 , LexisNexis #1221-008

Skupa, In re--White v. Skupa

Ruling
Claim based on theft was nondischargeable due to willful and malicious injury. (Bankr. D.Alaska)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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

Consumer opinion summary, case decided on April 14, 2021 , LexisNexis #0621-035

Milliron, In re--Schindler v. Milliron

Ruling
Judgment was entered against debtor denying his discharge for knowingly and fraudulentlymaking material false oaths related to his bankruptcy case as debtor made materialmisrepresentations in both his schedules and statements. (Bankr. D. Alaska)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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

Consumer opinion summary, case decided on March 31, 2021 , LexisNexis #0521-070

Draft Bars LLC, In re--Draft Bars LLC v. Anheuser-Busch LLC

Ruling
Defendants in debtor’s breach of contract proceeding could setoff any mutual, pre-petitiondebts owed absent any genuine dispute regarding the right to setoff. (Bankr. D. Nev.)
Issue(s)
Setoff.

ABI Membership is required to access the full summary of Draft Bars LLC, In re--Draft Bars LLC v. Anheuser-Busch LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 29, 2020 , LexisNexis #1120-043

Polvorosa, In re

Ruling
Creditor's allocation of loan payments received under plan was not grounds for contemptabsent violation of a specific plan provision. (Bankr. D. Nev.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of

ABI Membership is required to access the full summary of Polvorosa, In re 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 21, 2020 , LexisNexis #1020-019

Pomrenke Mining, LLC, In re

Ruling
Objector did not meet its burden of proving that interest rate charged by debtor’s attorney onunpaid bills was unconscionable, but the attorney did not establish that the rate wasreasonable. (Bankr. D. Alaska)
Issue(s)
Allowance of Claims or Interests; Disallowance; Claim in Excess of Reasonable Value

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

Commercial opinion summary, case decided on August 05, 2020 , LexisNexis #0920-056

Alaska Urological Inst., P.C., In re--Alaska Urological Inst., P.C. v. United States SBA

Ruling
Bankruptcy court withdrew reference where debtor’s participation in the Payroll Protection Program would affect its efforts to reorganize during a pandemic. (Bankr. D. Alaska)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

ABI Membership is required to access the full summary of Alaska Urological Inst., P.C., In re--Alaska Urological Inst., P.C. v. United States SBA Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 14, 2020 , LexisNexis #0820-099

Omni Enters., In re

Ruling
Objection to proof of claim was denied as trustee did not identify any reason under Alaskalaw why the claim was not valid as of the petition date. (Bankr. D. Alaska)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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

Commercial opinion summary, case decided on March 31, 2020 , LexisNexis #0520-081

Liu, In re--Jue v. Liu

Ruling
Appeal of the denial of motion to dismiss Chapter 7 case dismissed as untimely. (B.A.P. 9thCir.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

ABI Membership is required to access the full summary of Liu, In re--Jue v. Liu 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
Consumer opinion summary, case decided on February 11, 2020 , LexisNexis #0320-076

Johnson, In re

Ruling
Confirmation of debtor's plan denied as it did not meet the projected disposable incomerequirement. (Bankr. D. Alaska)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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

Consumer opinion summary, case decided on January 17, 2020 , LexisNexis #0220-095