Int'l Mfg. Grp., Inc., In re--McFarland v. Battle Creek State Bank
Feb
07
2018
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.
ABI Membership is required to access the full summary of Int'l Mfg. Grp., Inc., In re--McFarland v. Battle Creek State Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Int'l Mfg. Grp., Inc., In re--JTS Communities, Inc. v. ZB, N.A.
Aug
03
2017
Ruling
Court remanded the action based on quitable grounds as it found the issue in the case wasbeyond its subject matter jurisdiction. (Bankr. E.D. Cal.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; Remand on Equitable Grounds.
ABI Membership is required to access the full summary of Int'l Mfg. Grp., Inc., In re--JTS Communities, Inc. v. ZB, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Burkart v. Brack (In re Brack)
Sep
30
2016
Ruling
Debtor’s right to receive spousal support arrears and proceeds from sale of property wasproperty of the estate and subject to turnover. (Bankr. E.D. Cal.)
Issue(s)
Was debtor’s right to receive support arrears and proceeds of sale of property property of the estate?
ABI Membership is required to access the full summary of Burkart v. Brack (In re Brack) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mayfield
Jul
15
2016
Ruling
Attorney sanctioned for use of DocuSign to sign bankruptcy petition and related documents.
Issue(s)
Should debtor’s attorney be sanctioned for using DocuSign to sign the petition and related documents?
ABI Membership is required to access the full summary of In re Mayfield Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Pomeroy
Jun
21
2016
Ruling
Debtor’s retirement plan, including real property, was exempt.
Issue(s)
Should trustee’s objection to the debtor's claim of exemption of an asset described by the debtor as an "ERISA Qualified Retirement Account" be sustained?
ABI Membership is required to access the full summary of In re Pomeroy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Community Facilities Dist. No. 1990-1 (Wildwood Estates)
Nov
23
2015
Ruling
Chapter 9 plan met all requirements and could be confirmed.
Issue(s)
Could chapter 9 plan incorporating settlement agreement with creditors be confirmed?
ABI Membership is required to access the full summary of In re Community Facilities Dist. No. 1990-1 (Wildwood Estates) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Burkart v. Bisessar (In re Singh)
Apr
22
2015
Ruling
Trustee could not recover from investors in debtor Ponzi scheme pursuant to the doctrine of in pari dilecto.
Issue(s)
Could trustee in case of debtor Ponzi scheme operator recover funds from debtor's investors?
ABI Membership is required to access the full summary of Burkart v. Bisessar (In re Singh) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Burkart v. Patel (In re Singh)
May
15
2014
Ruling
Transfers pursuant to established Ponzi scheme were avoidable as fraudulent.
Issue(s)
Were payments made by debtor pursuant to Ponzi scheme avoidable as fraudulent?
ABI Membership is required to access the full summary of Burkart v. Patel (In re Singh) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sundance Self Storage-El Dorado LP
Nov
06
2012
Ruling
Debtor's counsel's previously approved fees ordered disgorged due to failure to disclose interests adverse to estate.
Procedural posture
The court issued an order directing the debtor's counsel to show cause why the court should not reconsider the amount approved under an earlier fee award in his favor and why he should not be sanctioned.
ABI Membership is required to access the full summary of In re Sundance Self Storage-El Dorado LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Brashers Sacramento Auto Auction Inc. v. Ahmed (In re Ahmed)
Dec
23
2008
Ruling
Amounts owed by debtor auto dealer to auto sales company were nondischargeable due to theft of auto titles and willful and malicious wrongful sales to third parties.
Procedural posture
Plaintiff auto auction company filed a complaint to determine that certain debts owed by defendant debtor were nondischargeable in debtor's chapter 7 case pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4) and (a)(6).
ABI Membership is required to access the full summary of Brashers Sacramento Auto Auction Inc. v. Ahmed (In re Ahmed) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: