- 11 U.S.C.
Layfield & Barrett, APC, In re
Apr
23
2018
Ruling
Creditor lacked standing to seek generalized relief from automatic stay where he did notallege that he was injured by a willful violation of the stay and did not seek damages. (Bankr.C.D. Cal.)
Issue(s)
Automatic Stay.
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:
- 11 U.S.C.
Vazquez, In re
Dec
29
2017
Ruling
Creditor's request for relief granted as the scheme of issuing a grant deed purporting to transfer an interest in property from a borrower to a debtor so as to implicate automatic stay harmed the creditor. (Bankr. C.D. Cal.)
Issue(s)
Power of Court.
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:
Orozco, In re
Jul
21
2017
Ruling
Debtor's claim objections were overruled as the credit card claims were valid claims that the court should allow under § 502. (Bankr. C.D. Cal.)
Issue(s)
Proof of Claim; Supporting Information; Claims Based on Open End or Revolving Consumer Credit Agreement.
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Solution Trust v. 2100 Grand LLC (In re AWTR Liquidation Inc.)
Mar
11
2016
Ruling
Bankruptcy court could issue final judgments or orders on claims objections and the avoidance claims, as well as rulings on motions to dismiss and for a more definite statement.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction and authority to issue final judgments or orders on claims objections d the avoidance claims or issue final rulings on motions to dismiss and for a more definite statement?
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:
- 11 U.S.C.
In re Cohen
Nov
13
2014
Ruling
Tax debt incurred prior to marital separation was community property for which both debtor and spouse were liable.
Issue(s)
Did debtor's spouse's interest in community property cease to be liable for tax debts due to a postpetition settlement with the IRS?
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Court
:
- 11 U.S.C.
In re Gutierrez
Nov
27
2013
Ruling
Petition date was proper date for determining secured status of junior lien.
Issue(s)
What is the appropriate date for valuation and determination of secured status of junior liens?
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Court
:
- 11 U.S.C.
In re Loza
Dec
28
2012
Ruling
Debtor could not avoid partially secured junior lien on residence.
Procedural posture
Chapter 13 debtor filed a motion to avoid a junior lien a bank held on his residence. The bank opposed the debtor's motion, and the court held a hearing on the motion.
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:
- 11 U.S.C.
In re Sonya D. Intl Inc.
Dec
14
2012
Ruling
Debtors in possession could employ special counsel in trust litigation that was also representing beneficiaries.
Procedural posture
Debtors, debtors in possession (DIPs), sought court approval per 11 U.S.C.S. § 327, to employ additional counsel to represent them in ongoing litigation regarding constructive trusts into which interests in debtors had been transferred by a now-estranged husband and wife. At issue was whether DIPs and their professionals, including counsel, properly might take positions that favored one set of stakeholders over other stakeholders.
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:
- 11 U.S.C.
In re 4th St. E. Investors Inc.
Jun
29
2012
Ruling
Relief from stay granted due to debtor's transfer of property for little or no consideration to delay foreclosure.
Procedural posture
Movant, the mortgagee foreclosing upon the subject parcel of real property, sought in rem relief from the purported conveyance of the real property from the transferor obligated on the mortgagee's note and mortgage to the present debtor, for little or no consideration, apparently for the purpose of hindering and delaying the mortgagee's foreclosure action by making it subject to the debtor's automatic stay.
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:
- 11 U.S.C.
In re 4th Street East Investors Inc.
May
15
2012
Ruling
Relief from stay granted due to lack of equity and no possibility of cramming down plan in reasonable time.
Procedural posture
A creditor sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) and for conversion of the case from chapter 11 to chapter 7 under 11 U.S.C.S. § 1112.
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