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In re Hertz

Sep
08
2015
Ruling
Real estate contract was not executory and could not be rejected where buyer had deposited the full purchase price into escrow and satisfied all contingencies.
Issue(s)
Whether the court should grant debtors' motion to reject a real estate purchase contract under 11 U.S.C.S. § 365(a).

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Consumer opinion summary, case decided on September 08, 2015 , LexisNexis #1015-009
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In re Lua

May
01
2015
Ruling
Bankruptcy court could deny debtor's request to amend schedules to claim a homestead exemption under state law.
Issue(s)
Could the bankruptcy court deny debtor's request to amend scheduled to claim a state law homestead exemption?

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Consumer opinion summary, case decided on May 01, 2015 , LexisNexis #0515-115
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In re Degour

Aug
24
2012
Ruling
Debtors were ineligible for chapter 12 relief where less than one half of income was from farming, if gross income from S-corp was counted.
Procedural posture

A chapter 12 trustee filed a motion to dismiss the debtors' case on the grounds that they were not eligible for chapter 12 relief under 11 U.S.C.S. §§ 109(f) and 101(18). A creditor supported the trustee's motion, while the debtors opposed the motion.

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Consumer opinion summary, case decided on August 24, 2012 , LexisNexis #0912-106
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Golden Chain Inc. v. Alta Gold Co. (In re Golden Chain Inc.)

Jul
01
2011
Ruling
Bankruptcy court exercised discretionary abstention with regard to state court action concerning ownership of mining properties.
Procedural posture

Chapter 11 debtor filed an adversary proceeding against defendants, a minerals company, individuals who did business as a mining company, and others, seeking a determination that certain mining properties were property of its bankruptcy estate under 11 U.S.C.S. § 541. Defendants filed a motion to dismiss the debtor's adversary proceeding or for an order abstaining from hearing the case pursuant to 28 U.S.C.S. § 1334.

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Commercial opinion summary, case decided on July 01, 2011 , LexisNexis #0811-104
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Reswick v. Reswick (In re Reswick)

Feb
04
2011
Ruling
Former spouse's wage garnishment properly held not to violate stay.
Procedural posture

Appellant Chapter 7 debtor filed a motion in the United States Bankruptcy Court for the Northern District of California which asked the court to issue an order requiring appellee, his ex-wife, to reimburse $4,444 she had garnished from his wages, pay his attorneys' fees, and pay him damages for inflicting emotional distress. The bankruptcy court found that the debtor's ex-wife had not violated 11 U.S.C.S. § 362, the debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 04, 2011 , LexisNexis #0411-040
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