Oct
29
2020
EPD Inv. Co., LLC, In re--Rund v. Kirkland
Ruling:
Trust was entitled to a claim of $1,950,613 subject to adjustments and without interest as itacquired the claim in good faith but the funds were proceeds of a Ponzi scheme. (Bankr. C.D.Cal.)
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Commercial case opionion summary, case decided on October 29,2020, LexisNexis #1220-068
Oct
27
2020
Pyle, In re
Ruling:
Automatic stay prevented the filing of post-petition liens as the liens were actions againstproperty of the estate and sought to improve the lienholders' status post-petition from postpetition creditor to secured creditor. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-031
Oct
19
2020
Smith, In re--Husted v. Smith
Ruling:
Court held that debtor wife's 50 percent of ownership of company and her transfers ofcompany funds to pay household accounts did not justify the failure to maintain records.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-016
Oct
15
2020
Patel, In re
Ruling:
Case ordered converted to Chapter 7 in the best interests of creditors as there were multiplematerial defaults under the confirmed plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1220-017
Oct
13
2020
Miller, In re
Ruling:
Chapter 7 trustee's application to employ Special Counsel granted. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1120-76
Sep
25
2020
Fu, In re
Ruling:
Debtor's discharge did not bar cross-claims asserted as setoffs as debtor had not disputed thevalidity of judgment and had not yet attempted to undermine the merits of the cross-claims.(Bankr. N.D. Cal.)HOLDINGS; [1]-A judgment creditor's collection efforts against a third party did not appear, at the earlystages of the pending litigation, to violate a debtor's discharge injunction because a sole spouse's Chapter7 discharge generally insulated pre-petition community property from discharged pre-petitioncommunity claims, and the creditor's declaratory relief request was to determine the bonafides of thedebtor's divorce, and if the divorce was a sham; [2]-The debtor's discharge did not bar cross-claimsasserted in pending state litigation to the extent they were asserted as setoffs under 11 U.S.C. § 553because the debtor had not disputed the validity of a judgment held by the creditor asserting the crossclaims and had not yet attempted to undermine the merits of the cross-claims.Fu, In re, 2020 Bankr. LEXIS 2514 (Bankr. N.D. Cal. September 25, 2020) (Novack, B.J.).
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-014
Sep
02
2020
Affordable Auto Repair, Inc., In re
Ruling:
Motion for the approval of Chapter 11 disclosure statement was granted with all rightsreserved to the United States Trustee and any interested party to take appropriate action.(Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on September 02,2020, LexisNexis #1020-067
Aug
24
2020
Elford, In re--Schoonover v. Elford
Ruling:
The obligations owed by debtor to plaintiff were nondischargeable as debtor admitted he wasintoxicated while operating the vehicle at the time of the head-on collision with plaintiff'svehicle. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 24,2020, LexisNexis #1020-007
Aug
04
2020
Neff, In re
Ruling:
Creditor's motion for stay pending appeal was granted despite very slim chance to prevailbecause the possible harm to the creditor and the estate was much greater than the harm to thedebtor. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 04,2020, LexisNexis #0920-074
Jul
31
2020
Mata, In re--Mata v. Nat'l Collegiate Student Loan Trust 2006-1
Ruling:
Debtor was not entitled to a declaratory judgment that educational loans were included inChapter 7 discharge. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on July 31,2020, LexisNexis #0920-062
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