In re Duncan & Forbes Dev. Inc.

Apr

2007

Ruling

Prepetition transfer of property subject to delinquent loan from debtor's principal to debtor was not part of a scheme to hinder and delay creditor.

Procedural posture

A creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(d)(4), alleging that a transfer of real property from a principal of a corporate bankruptcy debtor to the debtor constituted a scheme to hinder, delay, and defraud the creditor which was secured by the property.

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Court :

Central District of California ( Judge Bufford ) [ Bankruptcy Court ]

opinion summary, case decided on April 06, 2007 , LexisNexis #0707-039

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11 U.S.C.
- § 523
- § 523(a)

Comcast of L.A. Inc. v. Sandoval (In re Sandoval)

Mar

2006

Ruling

Claim for statutory damages from debtor's alleged theft of cable services was deemed dischargeable debt.

Procedural posture

Plaintiff creditor, a cable television provider, sought a determination that its claim for statutory damages resulting from defendant debtor's alleged violations of anti-piracy and anti- signal theft laws under Cal. Penal Code § 593d was a nondischargeable debt under 11 U.S.C. § 523. The matter was before the court for decision following trial for the creditor to make a prima facie case that the debt was owing and that it was nondischargeable.

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Court :

Central District of California ( Judge Bufford ) [ Bankruptcy Court ]

opinion summary, case decided on March 31, 2006 , LexisNexis #0506-012

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11 U.S.C.
- § 304
- § 304(c)

In re Artimm S.r.l.

Dec

2005

Ruling

Settlement was approved and settlement funds were directed to Italian bankruptcy court to assure an economical and expeditious administration of the estate.

Procedural posture

An Italian bankruptcy trustee filed an ancillary proceeding under former 11 U.S.C. § 304 to avert a default judgment against the debtor in a California case filed by the debtor's former executive. Bankruptcy court approval was sought for a proposed settlement agreement entered into by the debtor and a movie studio; the executive and a movie producer opposed the settlement's provision for the transfer of funds to the trustee in Rome.

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Court :

Central District of California ( Judge Bufford ) [ Bankruptcy Court ]

opinion summary, case decided on December 01, 2005 , LexisNexis #0106-008

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