Judge England

Lebbos v. Schuette

Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.
Ruling: 
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0109-099

Lebos v. Schuette

Appellee trustee obtained court approval for the sale/compromise of appellant debtor's interest in a civil rights lawsuit. The debtor appealed the order to the court and then submitted an ex parte request to certify the appeal to the U.S. Court of Appeals for the Ninth Circuit under 28 U.S.C.S. § 158(d).
Ruling: 
District court denied application for certification of appeal of trustee's settlement of civil rights lawsuit.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-130

New Cingular Servs. v. Burkhart (In re Wire Comm. Wireless Inc.)

Appellant, a claimant in a chapter 7 debtor's bankruptcy case, challenged a decision of the Bankruptcy Court for the Eastern District of California, which denied the claimant's motion to stay appellee trustee's adversary proceeding against it in order to permit completion of an aborted arbitration hearing.
Ruling: 
Core nature of dispute did not preclude compelling arbitration pursuant to creditor's agreement with debtor.
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Commercial case opionion summary, case decided on September 16,2008, LexisNexis #1108-018

New Cingular Wireless Servs. v. McCormick

Appellant creditor, wireless service supplier 1, challenged a judgment of the U.S. Bankruptcy Court for the Eastern District of California granting a motion pursuant to Fed. R. Bankr. P. 9019(a) filed by the chapter 7 trustee for approval of a compromise of certain claims asserted by appellees, the shareholders of debtor, a wireless service dealer.
Ruling: 
Bankruptcy court properly approved trustee's settlement of fraudulent transfer action brought by debtor's shareholders.
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Commercial case opionion summary, case decided on September 11,2008, LexisNexis #1108-058

New Cingular Servs. v. Burkart (In re Wire Comm Wireless Services Inc.)

After commencing arbitration proceedings against appellant telecommunications company, the debtor filed for Chapter 11 bankruptcy protection. Appellee bankruptcy trustee filed an adversary proceeding against the company, thereby removing the arbitration proceedings to the United States Bankruptcy Court. The bankruptcy court denied the company's motion to compel arbitration and request for a stay pending appeal. The company appealed.
Ruling: 
Adversary proceeding stayed pending appeal of denial of motion to lift stay to allow arbitration.
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Commercial case opionion summary, case decided on August 01,2008, LexisNexis #0908-002

Kistler v. Meza (Inre Meza)

Appellant, the United States Trustee sought review of the bankruptcy court's denial of its motion to dismiss appellee debtor's chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 109(h) for failure to obtain prepetition credit counseling and to properly file a certificate regarding the same as required by section 109(h).
Ruling: 
Bankruptcy court properly found that credit counseling received more than 180 days prior to filing substantially complied with requirement.
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