Estate of Taplin, In re
May
31
2022
Ruling
Decedent’s estate’s administrator and attorney sanctioned as a reasonable inquiry wouldhave revealed that a decedent's estate was not eligible to be a debtor. (Bankr. E.D. Cal.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies
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Court
:
- 11 U.S.C.
Dang, In re--Smith v. Nguyen
Nov
12
2021
Ruling
Motion for entry of default judgment was granted in favor of trustee in avoidance proceeding.(Bankr. E.D. Cal.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
Pickett, In re
Aug
11
2021
Ruling
Debtor was not entitled to estate funds that remained on deposit simply because a creditor didnot cash its distribution check. (Bankr. E.D. Cal.)
Issue(s)
Distribution of Property of the Estate.
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Court
:
Duran, In re
Jul
27
2021
Ruling
Bankruptcy case dismissed because debtor misrepresented facts in his petition and unfairlymanipulated the bankruptcy code in inequitable manner. (B.A.P. 9th Cir.)
Issue(s)
Effect of Dismissal; Subsequent Filings.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Mellem v. Mellem
Feb
22
2021
Ruling
Debtor's Chapter 7 discharge did not prevent the debtor's mother from reducing the debtor'slegacy from a family trust to account for a lifetime transfer to the debtor. (B.A.P. 9th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Smith, In re--Husted v. Smith
Oct
19
2020
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.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.
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Court
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Patel, In re
Oct
15
2020
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Dao, In re
May
11
2020
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.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
LeGrand, In re
Feb
06
2020
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.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
- 11 U.S.C.
Murray, In re
Dec
20
2019
Ruling
Objection to discharge was overruled as there was no evidence to support a finding offraudulent intent. (Bankr. E.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Fraud.
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Court
: