Judge Klein

In re City of Stockton

Movant (the plaintiff in a civil action pending in the U.S. District Court for the Eastern District of California in the nature of wrongful discharge) sought relief from the automatic stay. Debtor, the City of Stockton, California, opposed the motion.
Ruling: 
Relief from stay to allow lawsuit against debtor city's municipal officers denied.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-058

Association of Retired Employees v. City of Stockton (In re City of Stockton)

An association of retired employees and eight retirees filed a class action adversary proceeding against the City of Stockton, California, seeking an order that required the City to continue paying the cost of retiree health care benefits, or relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the City declared chapter 9 bankruptcy. The court held a hearing on plaintiffs' claims.
Ruling: 
Bankruptcy court was prohibited from issuing injunction requiring debtor city to fund retiree health benefits that would have interfered with the debtor city's property or revenues.
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Commercial case opionion summary, case decided on August 06,2012, LexisNexis #0812-132

In re Siller

Movants, attorneys who had represented the individual and corporate debtors in corporate litigation and who had obtained a state court judgment for attorney's fees based on arbitration, moved for summary judgment, asserting the arbitration award was either claim or issue preclusive on the debtors' objection to the reasonableness of the fees, raised under 11 U.S.C.S. § 502(b)(4), in light of the Full Faith and Credit Statute, 28 U.S.C.S. § 1738.
Ruling: 
State court award of fees was not preclusive on debtor's objection as reasonableness had not been considered.
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Consumer case opionion summary, case decided on April 09,2010, LexisNexis #0610-084

In re Roderick

Debtors intended to reaffirm their mortgage and were negotiating with their mortgage lender for modification of the mortgage loan terms. After the debtors' discharge was deferred several times to allow the negotiations to continue, the debtors again moved to defer discharge under Fed. R. Bankr. P. 4004(c)(2) pending a decision by the lender whether a loan modification would be granted.
Ruling: 
Motion to defer discharge pending lender's decision whether or not to allow modification granted.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-030

In re Kobra Props.

Debtors, a California general partnership and three California limited liability companies, filed petitions under chapter 11 of the Bankruptcy Code. The court ordered joint administration and appointed a trustee to represent the bankruptcy estates, and the trustee filed a motion seeking permission to hire a law firm that had represented a committee of unsecured creditors. The U.S. trustee (UST) filed an objection to the motion.
Ruling: 
Trustee granted permission to hire law firm that had represented unsecured creditors' committee given similar interests in optimizing value of estate.
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Commercial case opionion summary, case decided on June 01,2009, LexisNexis #0709-076

In re Van Ness

Creditor filed a motion for relief from stay under 11 U.S.C.S. § 362(d). The motion requested other relief, in the form of injunctive and extraordinary equitable relief, which was not provided for by 11 U.S.C.S. § 362.
Ruling: 
Extraordinary relief requested by creditor in motion for relief from stay required an adversary proceeding.
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Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0309-042

In re Johnson

The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
Ruling: 
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-071

White v. Brown (In re White)

Debtor challenged an order from the Bankruptcy Court for the District of Arizona, which ordered the turnover of the proceeds from the sale of his Arizona homestead under 11 U.S.C.S. § 542(a).
Ruling: 
Bankruptcy court did not err in ordering turnover of proceeds of sale of debtor's homestead.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #1008-100

Hupp v. Educational Credit Mgmt. Corp. (In re Hupp)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the Southern District of California, inter alia, denied the debtor's summary judgment motion focused on constitutional issues. The debtor appealed.
Ruling: 
Denial of summary judgment in student loan dischargeability proceeding was not appropriate for interlocutory appeal.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0308-119

Fridley v. Forsythe (In re Fridley)

Appellants, debtors, challenged a decision of the Bankruptcy Court for the Western District of Washington that denied their motion for entry of discharge. The issue was whether the debtors could prepay their chapter 13 plan and obtain an early discharge.
Ruling: 
Debtors committed to thirty-six month plan could not prepay and obtain early discharge absent modification.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0208-087

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