- 11 U.S.C.
Batdorf v. Mae (In re Batdorf)
Sep
30
2014
Ruling
Undue hardship discharge denied due to ability of nondebtor spouse to increase family income.
Issue(s)
Was married debtor entitled to an undue hardship discharge of student loan debt due to needs of dependent children and the demands of giving them an adequate standard of living?
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Court
:
In re Scoggins
Sep
08
2014
Ruling
Chapter 7 trustee's commission allowed with reductions for unreasonableness.
Issue(s)
Whether chapter 7 trustees were entitled to four commissions that were requested pursuant to 11 U.S.C.S. § 330(a).
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Court
:
- 11 U.S.C.
Argyle Online LLC v. Neilson (In re GGW Brands)
Oct
03
2013
Ruling
"Assignments" within two years of petition date were avoidable as fraudulent transfers.
Issue(s)
Were Assignments" transfers of an interest in property made or incurred on or within two years before the petition date with actual intent to hinder, delay, or defraud that should be avoided?
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Court
:
In re City of Stockton
Sep
18
2013
Ruling
Stay did not apply in city's chapter 9 case to non-monetary litigation brought by citizens.
Issue(s)
Was citizen's ballot statement litigation, not seeking monetary award, barred by stay .
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Court
:
- FRBP
In re City of Stockton
Apr
24
2013
Ruling
Chapter 9 debtor's settlement of claim involving certificates approved.
Procedural posture
Debtor City of Stockton, California, declared chapter 9 bankruptcy and asked the court to approve a Stipulation and Settlement Agreement it negotiated with the Stockton (California) Public Finance Authority, an insurer, and a bank that served as trustee under a trust agreement, with respect to certain certificates the City issued. The court held a hearing on the City's motion.
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Court
:
ODonnell v. Tristar Esperanza Props. LLC (In re Tristar Esperanza Props. LLC)
Mar
08
2013
Ruling
Bankruptcy court properly held that mandatory subordination applied to claim of former equity holder.
Procedural posture
Appellant sought review of a decision from the United States Bankruptcy Court for the Central District of California, which concluded that 11 U.S.C.S. § 510(b) mandatory subordination applied to appellant's claim.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re City of Stockton
Feb
05
2013
Ruling
Municipal debtor not required to seek approval of compromises or settlements in course of chapter 9 case.
Procedural posture
A municipal debtor (City) filed a motion seeking a ruling that it was not required to seek approval under Fed. R. Bankr. P. 9019 of any compromise or settlement it made during the course of its chapter 9 case.
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Court
:
In re City of Stockton
Dec
18
2012
Ruling
Relief from stay to allow lawsuit against debtor city's municipal officers denied.
Procedural posture
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.
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Court
:
Association of Retired Employees v. City of Stockton (In re City of Stockton)
Aug
06
2012
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Siller
Apr
09
2010
Ruling
State court award of fees was not preclusive on debtor's objection as reasonableness had not been considered.
Procedural posture
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.
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Court
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