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central district of california

McClure, In re

Ruling
Bankruptcy court allowed fees and costs in the amount requested by a firm hired by the trustee as special fee review counsel as there was nothing extortionate about review counsel's suggestion of a unilateral reduction in the fees sought by the trustee's counsel. (Bankr. C.D. Cal.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on June 06, 2023 , LexisNexis #0723-079

Weed Cellars, Inc., In re--Miller v. W Licensing, LLC

Ruling
Transfers under licensing agreement were not avoidable as debtor received reasonable equivalent value. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on May 26, 2023 , LexisNexis #0723-062

Gonzalez, In re--Avery v. Gonzalez

Ruling
Motion to convert Chapter 7 case to Chapter 13 deprived the Chapter 7 trustee of control over the bankruptcy estate. (Bankr. C.D. Cal.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on May 26, 2023 , LexisNexis #0723-063

LeClair, In re--Cortes v. LeClair

Ruling
Dismissal would enter in proceeding for denial of discharge subject to terms of settlement arising from mediation, provided U.S. Trustee and creditors did not intervene. (Bankr. C.D. Cal.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on May 08, 2023 , LexisNexis #0723-013

McClure, In re

Ruling
Debtor was entitled to reimbursement of certain expenses incurred as a debtor-in-possession or at the request of the trustee that were incurred on behalf of the estate. (Bankr. C.D. Cal.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-058

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Sphere Acquisition, LLC v. Bella Hosp. Grp., LLC (In re Bella Hosp. Grp., LLC)

Ruling
Bankruptcy court erred in dismissing debtor's involuntary Chapter 7 case for lack of subject matter jurisdiction as the petitioning creditor's failure to file the required statement was not jurisdictional. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 24, 2023 , LexisNexis #0523-052

San Vicente, In re--Saucedo v. San Vicente

Ruling
Community property discharge did not apply in debtor wife's Chapter 11 case as debts wouldbe nondischargeable in a hypothetical case file by debtor's husband. (Bankr. C.D. Cal.)
Issue(s)
Effect of Discharge; Where Injunction Against Recovery of Community Claims

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Consumer opinion summary, case decided on January 25, 2023 , LexisNexis #0323-064

San Vicente, In re--Saucedo v. San Vicente

Ruling
Judgment of nondischargeability of the economic and emotional distress damages wasappropriate as all of the elements of issue preclusion were met by the state court findings.(Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 25, 2023 , LexisNexis #0323-060