Skip to main content

Page Banner(Taxonomy)

judge kwan

Gonzalez v. Torres (In re Torres)

Ruling
Debtor whose prior chapter 13 case was commenced more than six years prior to petition date in chapter 7 case was eligible for a discharge.
Issue(s)
Was debtor entitled to a discharge in a chapter 7 case filed six years after debtor's first chapter 13 case?

ABI Membership is required to access the full summary of Gonzalez v. Torres (In re Torres) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-028

In re EcoSmart Inc.

Ruling
Claims for sales commissions were not entitled to priority treatment.
Issue(s)
Could prepetition commissions earned by debtor's independent contractors be paid as priority claims?

ABI Membership is required to access the full summary of In re EcoSmart Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 18, 2015 , LexisNexis #0116-047

In re Pasadena Adult Residential Care Inc.

Ruling
Chapter 11 trustee appointed due to fraud, dishonesty, incompetence and gross management on the part of debtors.
Issue(s)
Should chapter 11 case be dismissed due to debtor's misrepresentations or should a chapter 11 trustee be appointed?

ABI Membership is required to access the full summary of In re Pasadena Adult Residential Care Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 23, 2015 , LexisNexis #1115-099

In re Pasadena Adult Residential Care

Ruling
Dismissal of chapter 11 case revoked and chapter 11 trustee appointed due to debtor's bad faith.
Issue(s)
Should dismissal of chapter 11 case be granted due to debtor's bad faith?

ABI Membership is required to access the full summary of In re Pasadena Adult Residential Care Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 23, 2015 , LexisNexis #1115-098

In re Art & Architecture Books of the 21st Century

Ruling
Debtor authorized to sell property outside of ordinary course of business and outside of chapter 11 plan.
Issue(s)
Could debtor sell real property and improvements outside of the ordinary course of business and outside the terms of its chapter 11 plan?

ABI Membership is required to access the full summary of In re Art & Architecture Books of the 21st Century Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 29, 2015 , LexisNexis #0615-117

In re Corona Care Convalescent Corp.

Ruling
Chapter 11 trustee appointed to manage debtor's two convalescent care businesses which were losing money and about to lose leases.
Issue(s)
Should a chapter 11 trustee be appointed to oversee operations of convalescent homes that were debtors in jointly administered bankruptcies?

ABI Membership is required to access the full summary of In re Corona Care Convalescent Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 06, 2015 , LexisNexis #0615-026

Copelin v. Great Western Capital LLC (In re Copelin)

Ruling
Unlawful detainer case brought by foreclosure sale purchasers of debtor's property did not violate the automatic stay.
Issue(s)
Did unlawful detainer action brought against debtors by purchasers who bought debtors'property at a foreclosure sale violate the automatic stay?

ABI Membership is required to access the full summary of Copelin v. Great Western Capital LLC (In re Copelin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0215-040

In re Art & Architecture Books of the 21st Century

Ruling
Landlord entitled to indirect payment of postpetition obligations under leases terminated prior to petition date.

ABI Membership is required to access the full summary of In re Art & Architecture Books of the 21st Century Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 26, 2014 , LexisNexis #1214-112

Yoo v. Garoian (In re Garoian)

Ruling
Transfers marked by badges of fraud were intentionally fraudulent and could be avoided.
Issue(s)
Could transfers made within two years of the petition date be avoided as fraudulent?

ABI Membership is required to access the full summary of Yoo v. Garoian (In re Garoian) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 07, 2014 , LexisNexis #0315-025

In re Art & Architecture Books of the 21st Century

Ruling
Forfeiture and assumption of lease denied where debtor's rights under state law were waived.
Issue(s)
Was debtor entitled to relief from forfeiture and to assumption of lease?

ABI Membership is required to access the full summary of In re Art & Architecture Books of the 21st Century Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 18, 2014 , LexisNexis #1014-081