California

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.)
ABI Membership is required to access the full summary of EPD Inv. Co., LLC, In re--Rund v. Kirkland. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 29,2020, LexisNexis #1220-068

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.)
ABI Membership is required to access the full summary of Pyle, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-031

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.)
ABI Membership is required to access the full summary of Smith, In re--Husted v. Smith. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-016

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.)
ABI Membership is required to access the full summary of Patel, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1220-017

Miller, In re

Ruling: 
Chapter 7 trustee's application to employ Special Counsel granted. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Miller, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1120-76

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.).
ABI Membership is required to access the full summary of Fu, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-014

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.)
ABI Membership is required to access the full summary of Affordable Auto Repair, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 02,2020, LexisNexis #1020-067

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.)
ABI Membership is required to access the full summary of Elford, In re--Schoonover v. Elford. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 24,2020, LexisNexis #1020-007

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.)
ABI Membership is required to access the full summary of Neff, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 04,2020, LexisNexis #0920-074

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.)
ABI Membership is required to access the full summary of Mata, In re--Mata v. Nat'l Collegiate Student Loan Trust 2006-1. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2020, LexisNexis #0920-062

Pages

Subscribe to California