Eastern District

Simons, In re--Kooshkebaghi v. Simons

Ruling: 
State court judgment was nondischargeable as debtor acted intentionally and with the purpose of depriving the plaintiff of his security interest. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on September 10,2018, LexisNexis #1018-100

Samuel, In re

Ruling: 
Husband and wife who declared bankruptcy failed to show grounds for recusing the judgewho was assigned to their case as there was no merit to the debtors' claims that the judge wasbiased against them. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-085

Aparicio, In re

Ruling: 
Bankruptcy debtor ineligible for chapter 13 relief as the amount his ex-wife claimed under a marital settlement agreement, which was incorporated into a dissolution judgment, exceeded the eligibility limits for unsecured debts. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-033

Samuel, In re

Ruling: 
Motion for recusal denied as the record demonstrated that the court's decisions had beensound, anchored in both law and fact, and were not the result of bias or prejudice against thedebtors or in favor of another. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-006

Pitts, In re--Pitts v. Lakota

Ruling: 
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Pitts, In re--Pitts v. Lakota

Ruling: 
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Samuel, In re

Ruling: 
Motion for recusal denied as the record demonstrated that the court's decisions had beensound, anchored in both law and fact, and were not the result of bias or prejudice against thedebtors or in favor of another. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-006

Evans, In re

Ruling: 
Attorney sanctioned for aiding debtors in an abuse of the bankruptcy process that wascalculated to hinder, delay, and defraud lenders in their efforts to foreclose and/or exercisetheir rights with regard to their respective real property collateral. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on July 03,2018, LexisNexis #0818-090

Lusk, In re--Peterson v. Lusk

Ruling: 
Debt was nondischargeable where debtor breached his fiduciary duty when he took the fundswithout former spouse's knowledge or consent and was sufficient to prove debtor'sdefalcation and requisite intent. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-069

Carroll, In re

Ruling: 
Debtor's class action settlement proceeds determined to be property of bankruptcy estate without prejudice to debtor's right to claim exemption. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on June 06,2018, LexisNexis #0718-046

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