May
11
2020
Dao, In re
Ruling:
Court granted Chapter 7 trustee's 11 U.S.C. § 362(h)(2) motion so as to preserve the automaticstay with respect to personal property of the estate of the individual debtor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-080
Apr
14
2020
Cervantes, In re
Ruling:
Debtor’s counsel ordered to disgorge excessive fees for plan modification that were notpreviously approved by the court. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on April 14,2020, LexisNexis #0620-027
Feb
25
2020
Gillis, In re
Ruling:
Trustee was ordered to cease payments for services rendered by attorney who was suspendedfrom practice. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-005
Feb
06
2020
LeGrand, In re
Ruling:
Creditor and debt collector were liable for willful stay violations as they knew that a dischargehad been entered and any continued garnishments would violate such discharge order. (Bankr.E.D. Cal.)
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Consumer case opionion summary, case decided on February 06,2020, LexisNexis #0320-058
Dec
20
2019
Murray, In re
Ruling:
Objection to discharge was overruled as there was no evidence to support a finding offraudulent intent. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 20,2019, LexisNexis #0120-091
Dec
05
2019
3MB, LLC, In re
Ruling:
Objection to allowance of claim for default interest overruled as provision was notunenforceable as an invalid liquidated damage clause under California and Bankruptcy law.(Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on December 05,2019, LexisNexis #0120-036
Oct
29
2019
Dragnea, In re--Dragnea v. Dragnea
Ruling:
Chapter 11 plan could extinguish nondischargeable marital settlement agreement debtpursuant to modification agreed to by former spouse in debtor’s plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 29,2019, LexisNexis #1219-066
Oct
02
2019
Coalinga Reg'l Med. Ctr., In re
Ruling:
Committee of unsecured creditors was disbanded as it was not statutorily authorized inChapter 9 cases. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on October 02,2019, LexisNexis #1119-096
Aug
21
2019
Rodriguez, In re
Ruling:
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-071
Jul
09
2019
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
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