Eastern District

Fiedler, In re--Golden One Credit Union v. Fiedler

Ruling: 
Sanctions were warranted where creditor did not make a reasonable inquiry prior to filing suitto show that the debtor intended from the start to defraud it. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on November 02,2023, LexisNexis #0124-010

Frazier, In re--First Trust v. Frazier

Ruling: 
Court found that there were no representations relied upon by plaintiff-trustee relating to anylegally enforceable rights, thus, there were no damages that plaintiff suffered due to anyasserted fraud. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 11,2023, LexisNexis #1223-007

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

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

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

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

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

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

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

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

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