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Judge Jaime

Battaglia, In re--Battaglia v. Bank of N.Y. Mellon

Ruling: 
Post-petition foreclosure on property that was not property of the estate on the petition datedid not violate the automatic stay. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-005

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

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

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

Esplanade Enters. v. Miceli (In re Horne)

Ruling: 
Claims based on embezzlement and conversion of a motor vehicle by debtor werenondischargeable. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 28,2016, LexisNexis #1116-044

Cardenas v. Shannon (In re Shannon)

Ruling: 
Debt was dischargeable where debtor was shown to have acted in accordance with agreementwithout any misrepresentations to creditor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 22,2016, LexisNexis #0816-076

LaPierre v. Advanced Med. Spa Inc. (In re Advanced Med. Spa Inc.)

Ruling: 
Bankruptcy appellate panel lacked authority to grant or deny application to proceed in forma pauperis.
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Commercial case opionion summary, case decided on May 23,2016, LexisNexis #0616-134

In re Ferreira

Ruling: 
Student loan not incurred for a profit motive was a consumer debt, leading to dismissal of case due to debtor having largely consumer debts.
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Consumer case opionion summary, case decided on February 29,2016, LexisNexis #0316-098

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