Jul
03
2018
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
Jul
05
2018
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
Jun
06
2018
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
May
01
2018
Schack, In re--Kaye v. Schack
Ruling:
Court concluded that creditor established embezzlement in the context of nondischargeabilitywhere all three elements were satisfied. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-010
Feb
07
2018
Int'l Mfg. Grp., Inc., In re--McFarland v. Battle Creek State Bank
Ruling:
The plan administrator could not support its claim of applying the doctrine ofunenforceability of illegal contracts in order to defeat a for value defense, when in this case,the mere receipt of timely monthly payments from someone other than the debtor cannot beconstrued as warranting an inquiry notice to the bank. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on February 07,2018, LexisNexis #0318-076
Jan
18
2018
Filice, In re--Filice v. United States
Ruling:
Court reopened debtor's second chapter 7 bankruptcy case and vacated the discharge order that was entered as a clerical mistake. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-120
Jan
18
2018
Sundquist, In re--Sundquist v. Bank of Am., N.A.
Ruling:
Court approved confidential settlement between debtors and a bank. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-092
Jan
15
2018
Farrow, In re--Hernandez v. Farrow
Ruling:
Debtors who declared chapter 7 bankruptcy after having entered into a partnership with a third person owed the said partner a nondischargeable amount after they breached their partnership duties in misappropriating partnership assets. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 15,2018, LexisNexis #0218-098
Jan
02
2018
Hutchinson, In re--Hutchinson v. United States
Ruling:
Chapter 7 debtors not permitted to avoid tax liens from otherwise exempt property, even if the said tax lien could be avoided by a trustee under law. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 02,2018, LexisNexis #0218-039
Dec
20
2017
Aslanyan, In re
Ruling:
Court ruled that part of the judicial lien on debtor's home could be avoided as it impaired the debtor's exemption. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-095
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