Aug
04
2023
Navarro, In re
Ruling:
Secured creditor, its foreclosure agent, and their attorney admitted that the automatic stay wasviolated which rendered the issuance, service, and recordation of the notice of trustee's salevoid. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 04,2023, LexisNexis #1023-005
Jul
05
2023
Navarro, In re
Ruling:
Secured creditor was not entitled to relief from the court's order sustaining debtor's objectionto the creditor's claim as the creditor failed to meet its ultimate burden in the claim objectionprocess. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on July 05,2023, LexisNexis #0923-050
Apr
05
2023
Love, In re--Love v. United States Dep't of Educ.
Ruling:
Debtor was entitled to discharge of all of her student loan liability as an undue hardship as she established by a preponderance of the evidence all of the elements of the controlling Brunner-Pena test. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on April 05,2023, LexisNexis #0623-010
Mar
23
2023
Oliver, In re
Ruling:
Debtor's motion to compel abandonment of his homestead property was denied as premature as the deadline for any party in interest to object did not expire until the case closed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 23,2023, LexisNexis #0523-069
Dec
19
2022
Svenhard's Swedish Bakery, In re
Ruling:
Agreement to release a large debt contingent on prior full payment of an agreed smaller sumunder specific terms was not an executory contract that could be assumed and assigned overthe creditor's objection. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on December 19,2022, LexisNexis #0223-058
Dec
02
2022
Valentine, In re--Valentine v. Holmes
Ruling:
Acts taken in violation of the automatic stay were void and of absolutely no effect regardlessof whether the acts were willful or so-called technical automatic stay violations. (Bankr. E.D.Cal.)
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Consumer case opionion summary, case decided on December 02,2022, LexisNexis #0223-003
Nov
18
2022
Sunergy Cal. LLC, In re
Ruling:
Debtor's counsel was not entitled to fees for services rendered while acting as counsel for thedebtor in possession after a Chapter 11 trustee was appointed. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on November 18,2022, LexisNexis #0123-078
Nov
16
2022
Natera, In re
Ruling:
Joinder was not permitted for certain parties that had previously sought to retroactively annulthe stay in this bankruptcy proceeding but were denied relief, because issue preclusionapplied. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on November 16,2022, LexisNexis #0123-55
Sep
06
2022
Chatha, In re
Ruling:
Chapter 7 trustee was not permitted to use his interest in an LLC to transfer hotel to himselfand then to the estate in order to sell it as the hotel was not property of the estate. (Bankr. E.D.Cal.)
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Consumer case opionion summary, case decided on September 06,2022, LexisNexis #1122-035
May
31
2022
Estate of Taplin, In re
Ruling:
Decedent’s estate’s administrator and attorney sanctioned as a reasonable inquiry wouldhave revealed that a decedent's estate was not eligible to be a debtor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 31,2022, LexisNexis #0722-099
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