- 11 U.S.C.
United States Tr. v. Pynn (In re Pynn)
Mar
07
2016
Ruling
Discharge denied due to misrepresentations and omissions in schedules. (Bankr. C.D. Cal.)
Issue(s)
Should debtor’s discharge be denied due to omissions and nondisclosures?
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Court
:
- 11 U.S.C.
In re Bentow
Oct
23
2015
Ruling
Chapter 11 case dismissed due to debtor's bad faith.
Issue(s)
Should debtor's chapter 11 petition be dismissed for being filed in bad faith?
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Court
:
- 11 U.S.C.
In re Mercer
Sep
29
2015
Ruling
Conversion to chapter 13 denied where debtors did not demonstrate ability to fund a confirmable plan.
Issue(s)
Could debtors convert their case from chapter 7 to chapter 13?
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Court
:
In re Marshall
Sep
29
2015
Ruling
Creditor not entitled to fees and costs incurred in defending appeal of sale of debtor's Ferrari to the creditor.
Issue(s)
Was creditor who purchased debtor's Ferrari at trustee's sale entitled to fees and costs incurred in defending an appeal of the sale?
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Court
:
- 11 U.S.C.
Gill v. Afsharian (In re Shakib)
Aug
06
2014
Ruling
Debtor's residence was not property of the estate as it was owned by a corporation in which debtor held no interest.
Issue(s)
Could trustee sell corporate property by imputing ownership to the debtor under an alter ego theory?
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Court
:
- 11 U.S.C.
In re MJM Mgmt. LLC
May
12
2014
Ruling
Debtor's former attorneys' application for nunc pro tunc employment could not be approved and fees were denied.
Issue(s)
Should application of debtor's former attorneys for nunc pro tunc approval of employment and fees be granted?
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Court
:
- 11 U.S.C.
Flores v. Chlarson (In re Chlarson)
Nov
04
2013
Ruling
Judgment for willful injury and causing death of creditor's cat was nondischargeable.
Issue(s)
Was judgment on arbitrator's findings regarding claims of conversion, outrage, and malicious injury to an animal based on allegations of debtor's involvement in the death of creditor's cat nondischargeable.
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Court
:
- 11 U.S.C.
American Contrs. Indem. Co. v. Dorado (In re Dorado)
Sep
18
2013
Ruling
Costs incurred by creditor in adversary proceeding were nondischargeable due to debtor's fiduciary defalcation despite debtor's reimbursement of funds.
Issue(s)
Was creditor entitled to fees incurred in prosecuting adversary proceeding based on debtor's defalcation, even though debtor replaced the funds.
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Court
:
- 11 U.S.C.
In re MJM Mgmt. LLC
Sep
17
2013
Ruling
Stay in debtor's second chapter 11 case lifted due to actions taken without leave of court.
Issue(s)
Did postpetition affidavit correcting prepetition notice of foreclosure violate stay .
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Court
:
- 11 U.S.C.
United Healthworkers-West v. Kristal (In re Kristal)
Nov
01
2011
Ruling
Judgment creditor adequately pled claim for nondischargeability based on fiduciary defalcation.
Procedural posture
A chapter 7 debtor formerly employed by plaintiff union, moved to dismiss an adversary proceeding seeking a determination of nondischargeability per 11 U.S.C.S. § 523(a)(4) of a judgment for damages won by plaintiff in a suit charging him and others with a breach of fiduciary duties owed to plaintiff under 11 U.S.C.S. § 501. Debtor specifically challenged the adequacy of plaintiff's claim that defendant was a "fiduciary" under § 523.
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Court
: