Judge Klein

Smith, In re--Husted v. Smith

Ruling: 
Court held that debtor wife's 50 percent of ownership of company and her transfers ofcompany funds to pay household accounts did not justify the failure to maintain records.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-016

Patel, In re

Ruling: 
Case ordered converted to Chapter 7 in the best interests of creditors as there were multiplematerial defaults under the confirmed plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1220-017

Dao, In re

Ruling: 
Court granted Chapter 7 trustee's 11 U.S.C. § 362(h)(2) motion so as to preserve the automaticstay with respect to personal property of the estate of the individual debtor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-080

LeGrand, In re

Ruling: 
Creditor and debt collector were liable for willful stay violations as they knew that a dischargehad been entered and any continued garnishments would violate such discharge order. (Bankr.E.D. Cal.)
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Consumer case opionion summary, case decided on February 06,2020, LexisNexis #0320-058

Murray, In re

Ruling: 
Objection to discharge was overruled as there was no evidence to support a finding offraudulent intent. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 20,2019, LexisNexis #0120-091

Dragnea, In re--Dragnea v. Dragnea

Ruling: 
Chapter 11 plan could extinguish nondischargeable marital settlement agreement debtpursuant to modification agreed to by former spouse in debtor’s plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 29,2019, LexisNexis #1219-066

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

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

Sundquist v. Bank of Am., N.A.

Ruling: 
Bank sanctioned after it willfully violated automatic stay in foreclosing on debtors' residence, secretly rescinding the foreclosure, and failing to protect debtors' property from looting. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 23,2017, LexisNexis #0417-097

In re Fagan

Ruling: 
Obligation to repay unearned portion of military reenlistment bonus was excepted fromdischarge and therefore not the basis for an order enforcing the discharge injunction. (Bankr.E.D. Cal.)
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Consumer case opionion summary, case decided on November 14,2016, LexisNexis #1216-053

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