Eastern District

Battaglia, In re--Battaglia v. Bank of N.Y. Mellon

Ruling: 
Post-petition foreclosure on property that was not property of the estate on the petition datedid not violate the automatic stay. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-005

Langston, In re--Langston v. IRS

Ruling: 
Court dismissed attorney's fees claim where debtors had not exhausted their administrativeremedies prior to filing. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 27,2019, LexisNexis #0619-002

Borre, In re

Ruling: 
Debtor's objection to a claim for a pre-petition mortgage default was sustained as debtortimely made the payment. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0519-006

Samuel, In re

Ruling: 
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-004

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

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