Judge Carroll

Reichardt v. Valley Health Sys. Ret. Plan (In re Valley Health Sys.)

Ruling: 
Abstention and remand of beneficiaries' claims against the administrator of debtor's retirement plan not warranted.
ABI Membership is required to access the full summary of Reichardt v. Valley Health Sys. Ret. Plan (In re Valley Health Sys.). 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 July 24,2015, LexisNexis #0815-105

Templeton v. Milby (In re Milby)

Ruling: 
Trustee could not avoid transfers after the limitations period had expired absent equitable tolling.
ABI Membership is required to access the full summary of Templeton v. Milby (In re Milby). 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 March 02,2015, LexisNexis #0315-126

Prime Healthcare Mgmt. v. Valley Health Sys. (In re Valley Health Sys.)

Debtor, a California Local Health Care District, filed a petition under chapter 9 of the Bankruptcy Code and asked the court to confirm its First Amended Plan for the Adjustment of Debts, pursuant to 11 U.S.C.S. § 943(b). Petitioners, several corporations and individuals who filed actions in state court to block the debtor from selling its assets to a Delaware health care management company, filed objections to the debtor's plan.
Ruling: 
Health care district's amended chapter 9 plan confirmed over objections.
ABI Membership is required to access the full summary of Prime Healthcare Mgmt. v. Valley Health Sys. (In re Valley Health Sys.). 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 April 08,2010, LexisNexis #0610-129

Symantex Corp. v. Mann (In re Mann)

Plaintiff software distributor sought a judgment determining that the debt owed by defendant debtor to it was nondischargeable under 11 U.S.C.S. § 523(a)(6). The matter was pending decision following trial.
Ruling: 
Software distributor's claim for damages under Copyright and Lanham Acts was nondischargeable.
ABI Membership is required to access the full summary of Symantex Corp. v. Mann (In re Mann). 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 06,2009, LexisNexis #0909-092

Hays v. Ransbury (In re Ransbury)

Debtors moved for summary judgment against creditors, seeking the dismissal of their adversary complaint, which sought to establish the nondischargeability, under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6), of their claim against the debtors for fraud, misrepresentation, and breach of contract related to the sale of debtors' residence to the creditors.
Ruling: 
Dischargeability proceeding dismissed where creditor did not prove intentional misrepresentation in state court.
ABI Membership is required to access the full summary of Hays v. Ransbury (In re Ransbury). 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 March 23,2009, LexisNexis #0609-048

In re Diamond Exec. Office Suites & Virtual Offices LLC

After the debtor filed a chapter 11 petition, the debtor and creditor entered a stipulation that permitted the debtor to use certain rents and profits derived from a real property that constituted the creditor's cash collateral. When the debtor failed to pay invoices for attorney's fees and costs as provided in the stipulation, the creditor declared a default and sought relief from the automatic stay for cause pursuant to 11 U.S.C.S. § 362(d)(1).
Ruling: 
Relief from stay granted to allow enforcement of stipulation after debtor's default.
ABI Membership is required to access the full summary of In re Diamond Exec. Office Suites & Virtual Offices LLC. 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 March 13,2009, LexisNexis #0609-042

In re Reyes

The debtors sought confirmation of their proposed chapter 13 plan. The chapter 13 trustee objected to the debtors' calculation under 11 U.S.C.S. § 707(b)(2)(A)(iii) of a secured debt deduction attributable to a junior lien on the debtors' principal residence, which they intended to treat as unsecured and strip in conjunction with confirmation, and the amount of a vehicle ownership allowance claimed under the I.R.S.'s local standards.
Ruling: 
Debtor could not deduct secured debt payments on vehicle intended for surrender.
ABI Membership is required to access the full summary of In re Reyes. 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 February 26,2009, LexisNexis #0409-084

In re Valley Health Sys.

Debtor, a California health care district, filed a petition under chapter 9 of the Bankruptcy Code. A bank that held bonds issued by the district filed an objection to the district's petition, claiming that the district was ineligible for relief under chapter 9, and two unions also filed an objection which asked that the court reject any premise that the bankruptcy resulted from the district's obligations to its employees.
Ruling: 
Health care district was eligible under chapter 9 despite failure to negotiate plan of adjustment which would have been impracticable.
ABI Membership is required to access the full summary of In re Valley Health Sys.. 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 February 20,2008, LexisNexis #0508-002

In re Perrine

The chapter 7 trustee sought an order compelling attorneys for debtor to disgorge undisclosed fees received by them within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case. Debtor's attorneys objected to the disgorgement of fees.
Ruling: 
Debtor's attorney ordered to disgorge undisclosed fees received within one year of petition date in contemplation or in connection with bankruptcy.
ABI Membership is required to access the full summary of In re Perrine. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Perrine

The chapter 7 trustee sought an order compelling debtor's two attorneys and their law firm to disgorge undisclosed fees received within one year before the filing of debtor's bankruptcy petition allegedly "in contemplation of or in connection with" his bankruptcy case.
Ruling: 
Debtor's attorneys ordered to turn over property transferred by debtor in contemplation of bankruptcy.
ABI Membership is required to access the full summary of In re Perrine. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Carroll