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In re Yankah

Mar
20
2015
Ruling
Debtor entitled solely to actual damages for landlord's offset of security deposit in violation of stay.
Issue(s)
Was debtor entitled to an award of damages against landlord resulting from the setoff of her rental security deposit refusal to allow her to recover her personal property from the leased premises in violation of the automatic stay?

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Consumer opinion summary, case decided on March 20, 2015 , LexisNexis #0415-038
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Smith v. Bowen (In re Bowen)

Feb
24
2015
Ruling
Denial of discharge denied absent intent to hinder, delay or defraud creditor.
Issue(s)
Was debtor's sale of real property approximately eight months before the petition date avoidable as made with the intent to hinder, delay or defraud?

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Consumer opinion summary, case decided on February 24, 2015 , LexisNexis #0315-093
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In re Ware

Jun
03
2014
Ruling
Trustee's motion to surcharge secured creditor for attorneys' fees and expenses denied.
Issue(s)
Whether to grant chapter 7 trustee's motion to surcharge a secured creditor pursuant to 11 U.S.C.S. § 506(c) for attorney's fees and expenses.

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Consumer opinion summary, case decided on June 03, 2014 , LexisNexis #0814-006
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In re Smith

Jan
14
2014
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.
Issue(s)
Should debtor's attorney be sanctioned for filing unsigned schedules and failing to advise debtor of required credit counseling.

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Consumer opinion summary, case decided on January 14, 2014 , LexisNexis #0214-069
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Bailey & Assocs. APC v. Brown & Charbonneu LLP (In re Bailey & Assocs. APC)

Sep
06
2011
Ruling
Relief from stay properly granted where debtor filed case with improper intent.
Procedural posture

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).

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Commercial opinion summary, case decided on September 06, 2011 , LexisNexis #1011-008
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Humphrey-Baker v. United Airlines Inc.

Oct
21
2008
Ruling
Employment discrimination action barred to extent predating debtor employer's plan confirmation.
Procedural posture

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.

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Commercial opinion summary, case decided on October 21, 2008 , LexisNexis #1108-139
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Fearing v. Serror (In re Fearing)

Oct
21
2008
Ruling
Debtor's exempt personal injury settlement proceeds could be distributed to satisfy debt secured by tax lien.
Procedural posture

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.

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Consumer opinion summary, case decided on October 21, 2008 , LexisNexis #1108-137
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