Judge Bufford

In re Tien Chiang

A trustee brought a Chapter 15 petition for recognition of a pending Canadian case as a debtor's foreign main proceeding pursuant to 11 U.S.C.S. § 1517(a). The debtor's main creditor supported recognition of the Canadian proceeding as a foreign main proceeding while another creditor opposed recognition on the grounds of insufficient evidence.
Ruling: 
Canadian case recognized as foreign main proceeding due to location of debtor's center of main interest.
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Consumer case opionion summary, case decided on September 02,2010, LexisNexis #1010-067

In re Wilshire Courtyard

A bankruptcy court issued an order requiring the California Franchise Tax Board (FTB) to show cause why it should not be held in contempt for collaterally attacking and refusing to comply with a plan confirmation order. The Chapter 11 debtor moved for summary judgment.
Ruling: 
Taxing authority that did not timely object to confirmation ordered to cease and desist efforts to collect from debtor.
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Commercial case opionion summary, case decided on August 31,2010, LexisNexis #1010-070

Roberts v. Bisno (In re Bisno)

After debtor purported to remove, directly to the court, a case against debtor in a state court and which was in the middle of being tried, the court considered whether it had jurisdiction over the removed case despite debtor's failure to comply with the proper removal procedures and, if so, whether it may sua sponte remand the case to the state court. Claimant sought emergency relief from stay to allow the state court case to continue.
Ruling: 
State court case which debtor sought to remove in midst of trial remanded.
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Consumer case opionion summary, case decided on May 28,2010, LexisNexis #0910-029

In re Synergy Hematology-Oncology Med. Assocs.

Debtor, a corporation that provided medical services, filed a petition under chapter 11 of the Bankruptcy Code, and the U.S. Trustee (UST) appointed a patient care ombudsman, pursuant to 11 U.S.C.S. § 333, to monitor the quality of care the debtor provided to patients. The ombudsman filed a motion seeking permission to employ counsel.
Ruling: 
Health care ombudsman granted permission to employ counsel.
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Commercial case opionion summary, case decided on December 29,2009, LexisNexis #0210-108

In re Lucero

The trustee moved to dismiss debtors' entire chapter 7 case.
Ruling: 
Debtor's case dismissed due to mistakes in joint filing to allow for proper separate filing.
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Consumer case opionion summary, case decided on July 06,2009, LexisNexis #0909-073

In re Lee

A lender was denied relief from the automatic bankruptcy stay to foreclose against a bankruptcy debtor's real property after the bankruptcy court discovered that the lender did not own the note secured by the property, and that the copy of the note provided by the lender was not a true and correct copy. The bankruptcy court issued an order to show cause why sanctions should not be imposed on counsel for the lender.
Ruling: 
Sanctions limited to publication of court's opinion imposed on counsel for lender that did not own note that was basis for proof of claim.
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Consumer case opionion summary, case decided on June 26,2009, LexisNexis #0809-099

In re Cabrera-Mejia

The court issued an order to show cause why a law firm should not be subjected to sanctions for filing motions seeking relief from the automatic stay that was imposed after various debtors filed petitions under chapter 7 of the Bankruptcy Code.
Ruling: 
Law firm sanctioned for filing and then withdrawing numerous requests for relief from stay without conducting proper investigation into basis for motions.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-094

In re Vargas

The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.
Ruling: 
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0209-135

In re Pro-Fit Holdings Ltd.

Petitioners, the joint administrators of three chapter 15 debtors, sought provisional relief under 11 U.S.C.S. § 1519 to apply 11 U.S.C.S. § 362 to stay the enforcement of a U.S. district court order, following judgment on the merits, attaching the U.S. assets of the debtors. Initially the administrators sought a temporary restraining order, but then modified their request. Two creditors were also before the court.
Ruling: 
Application of stay was appropriate provisional relief to bar enforcement of district court order pending recognition of debtors' foreign proceeding.
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Commercial case opionion summary, case decided on July 11,2008, LexisNexis #1108-130

In re Goldstein

Chapter 11 debtors filed a joint motion to employ, pursuant to 11 U.S.C. § 327(e), their respective divorce counsel to perform legal services in relation to their marital dissolution proceeding pending in state court.
Ruling: 
Employment of divorce counsel for each debtor spouse approved as in best interests of debtors'estates.
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