Judge Phillips

Minor v. Hanh (In re Minor)

Ruling: 
Debt was not dischargeble absent evidence of fraud, fiduciary defalcation or willful or malicious injury.
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Consumer case opionion summary, case decided on March 31,2015, LexisNexis #0415-084

In re Yankah

Ruling: 
Debtor entitled solely to actual damages for landlord's offset of security deposit in violation of stay.
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Consumer case opionion summary, case decided on March 20,2015, LexisNexis #0415-038

Smith v. Bowen (In re Bowen)

Ruling: 
Denial of discharge denied absent intent to hinder, delay or defraud creditor.
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Consumer case opionion summary, case decided on February 24,2015, LexisNexis #0315-093

In re Smith

Ruling: 
Debtor's attorneys' fees and costs ordered disgorged due to filing of unsigned, unverified schedules and failure to advise debtor of credit counseling requirement.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-069

Bailey & Assocs. APC v. Brown & Charbonneu LLP (In re Bailey & Assocs. APC)

Appellant debtor challenged a decision of the United States Bankruptcy Court for the Central District of California, which granted appellee creditor relief from the automatic stay under 11 U.S.C.S. § 362(d)(1).
Ruling: 
Relief from stay properly granted where debtor filed case with improper intent.
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Commercial case opionion summary, case decided on September 06,2011, LexisNexis #1011-008

Downing v. Burns (In re Burns)

In the instant adversary proceeding, plaintiff creditor sought a determination that the debt represented by a state court judgment was excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(6). The matter was pending judgment following trial.
Ruling: 
Debtor's threats against creditor's employer that caused creditor to be fired resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 18,2010, LexisNexis #0610-093

Humphrey-Baker v. United Airlines Inc.

Defendant, a former employer of plaintiff employee, filed a motion for summary judgment in the employee's action, which alleged that the employer violated California's Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12940, by discriminating against her based on her physical disability and by failing to offer reasonable accommodations.
Ruling: 
Employment discrimination action barred to extent predating debtor employer's plan confirmation.
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Commercial case opionion summary, case decided on October 21,2008, LexisNexis #1108-139

Fearing v. Serror (In re Fearing)

Appellant debtors challenged an order from a bankruptcy court that granted summary judgment in favor of appellee trustee in the trustee's action for declaratory relief. The trustee sought a determination that the debtors were not entitled to the proceeds from a personal injury settlement. The debtors filed a motion to alter and amend that judgment.
Ruling: 
Debtor's exempt personal injury settlement proceeds could be distributed to satisfy debt secured by tax lien.
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #1108-137

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