Jun
01
2023
Vulaj, In re
Ruling:
For judgment debt based on fraudulent transfer to debtor’s wife to be held nondischargeable, creditor former spouse would need to establish the wife’s fraudulent intent as the state court did not impute debtor's fraud to the wife. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on June 01,2023, LexisNexis #0723-084
Jun
06
2023
McClure, In re
Ruling:
Bankruptcy court allowed fees and costs in the amount requested by a firm hired by the trustee as special fee review counsel as there was nothing extortionate about review counsel's suggestion of a unilateral reduction in the fees sought by the trustee's counsel. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on June 06,2023, LexisNexis #0723-079
May
26
2023
Weed Cellars, Inc., In re--Miller v. W Licensing, LLC
Ruling:
Transfers under licensing agreement were not avoidable as debtor received reasonable equivalent value. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on May 26,2023, LexisNexis #0723-062
May
26
2023
Gonzalez, In re--Avery v. Gonzalez
Ruling:
Motion to convert Chapter 7 case to Chapter 13 deprived the Chapter 7 trustee of control over the bankruptcy estate. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on May 26,2023, LexisNexis #0723-063
May
08
2023
LeClair, In re--Cortes v. LeClair
Ruling:
Dismissal would enter in proceeding for denial of discharge subject to terms of settlement arising from mediation, provided U.S. Trustee and creditors did not intervene. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on May 08,2023, LexisNexis #0723-013
May
08
2023
LeClair, In re--Cortes v. LeClair
Ruling:
Dismissal would enter in proceeding for denial of discharge subject to terms of settlement arising from mediation, provided U.S. Trustee and creditors did not intervene. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on May 08,2023, LexisNexis #0723-013
Mar
30
2023
Teran, In re--Teran v. Navient Sols., LLC
Ruling:
Plaintiff was not required to amend the complaint in class action for violation of the discharge injunction as the expansion of the class of debtors was a minor change. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on March 30,2023, LexisNexis #0623-012
Apr
05
2023
Love, In re--Love v. United States Dep't of Educ.
Ruling:
Debtor was entitled to discharge of all of her student loan liability as an undue hardship as she established by a preponderance of the evidence all of the elements of the controlling Brunner-Pena test. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on April 05,2023, LexisNexis #0623-010
Mar
23
2023
Oliver, In re
Ruling:
Debtor's motion to compel abandonment of his homestead property was denied as premature as the deadline for any party in interest to object did not expire until the case closed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 23,2023, LexisNexis #0523-069
Mar
29
2023
McClure, In re
Ruling:
Debtor was entitled to reimbursement of certain expenses incurred as a debtor-in-possession or at the request of the trustee that were incurred on behalf of the estate. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 29,2023, LexisNexis #0523-058
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