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
Dec
04
2017
Kinerson, In re--McGranahan v. Kinerson
Ruling:
Debtor's transfer of interest in real property to her son was deemed fraudulent as it was done to delay, hinder, and defraud an existing judgment creditor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-048
Dec
04
2017
Kinerson, In re--McGranahan v. Kinerson
Ruling:
Debtor's discharge denied as she knowingly and fraudulently made a false oath by indicating that she had not transferred real property during the two years before filing her bankruptcy. (Bankr. E.D. Cal.)Where debtor transferred her remaining 50% interest in real property to her son more than one year before she filed her bankruptcy case, cause existed to deny debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) because she knowingly and fraudulently made a false oath by indicating that she had not transferred any real property during the two years before filing her bankruptcy petition; [2]-Denial of debtor's discharge pursuant to § 727(a)(2)(A) was not warranted because debtor did not conceal an interest in the property from the bankruptcy trustee or a creditor during the year before her bankruptcy case was filed; [3]-Denial of debtor's discharge pursuant to § 727(a)(2)(B) was also not warranted because debtor did not conceal an interest in the property after the bankruptcy petition was filed.Kinerson, In re--McGranahan v. Kinerson, 2017 Bankr. LEXIS 4136 (Bankr. E.D. Cal. December 4, 2017) (McManus, B.J.).
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-052
Dec
05
2017
Reyes, In re
Ruling:
Court was entitled to impose further sanctions and restrictions as the debtor's attorney willfully violated court's earlier order in which she was prohibited from filing new bankruptcy cases without taking continuing legal education in ethics. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 05,2017, LexisNexis #0118-031
Oct
23
2017
Petersen, In re--Petersen v. IRS
Ruling:
Income tax liabilities were excepted from discharge as debtor's returns were not honest and reasonable attempts to comply with filing of timely returns. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 23,2017, LexisNexis #1217-106
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