Samuel, In re
Sep
27
2018
Ruling
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
Issue(s)
Removal of Trustee or Examiner; For Cause.
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Court
:
- 11 U.S.C.
Simons, In re--Kooshkebaghi v. Simons
Sep
10
2018
Ruling
State court judgment was nondischargeable as debtor acted intentionally and with the purpose of depriving the plaintiff of his security interest. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Samuel, In re
Aug
23
2018
Ruling
Motion for recusal denied as the record demonstrated that the court's decisions had beensound, anchored in both law and fact, and were not the result of bias or prejudice against thedebtors or in favor of another. (Bankr. E.D. Cal.)
Issue(s)
Disqualification of justice, judge, or magistrate [magistrate judge]
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Court
:
- 11 U.S.C.
Samuel, In re
Aug
23
2018
Ruling
Motion for recusal denied as the record demonstrated that the court's decisions had beensound, anchored in both law and fact, and were not the result of bias or prejudice against thedebtors or in favor of another. (Bankr. E.D. Cal.)
Issue(s)
Disqualification of justice, judge, or magistrate [magistrate judge]
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Court
:
- 11 U.S.C.
Pitts, In re--Pitts v. Lakota
Aug
21
2018
Ruling
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Pitts, In re--Pitts v. Lakota
Aug
21
2018
Ruling
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 28 U.S.C.
Samuel, In re
Aug
07
2018
Ruling
Husband and wife who declared bankruptcy failed to show grounds for recusing the judgewho was assigned to their case as there was no merit to the debtors' claims that the judge wasbiased against them. (Bankr. E.D. Cal.)
Issue(s)
Disqualification of justice, judge, or magistrate [magistrate judge].
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Court
:
- 11 U.S.C.
Aslanyan, In re
Dec
20
2017
Ruling
Court ruled that part of the judicial lien on debtor's home could be avoided as it impaired the debtor's exemption. (Bankr. E.D. Cal.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment; Calculation.
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Court
:
- 11 U.S.C.
Kinerson, In re--McGranahan v. Kinerson
Dec
04
2017
Ruling
Debtor's discharge denied as she knowingly and fraudulently made a false oath by indicating that she had not transferred real property during the two years before filing her bankruptcy. (Bankr. E.D. Cal.)Where debtor transferred her remaining 50% interest in real property to her son more than one year before she filed her bankruptcy case, cause existed to deny debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A) because she knowingly and fraudulently made a false oath by indicating that she had not transferred any real property during the two years before filing her bankruptcy petition; [2]-Denial of debtor's discharge pursuant to § 727(a)(2)(A) was not warranted because debtor did not conceal an interest in the property from the bankruptcy trustee or a creditor during the year before her bankruptcy case was filed; [3]-Denial of debtor's discharge pursuant to § 727(a)(2)(B) was also not warranted because debtor did not conceal an interest in the property after the bankruptcy petition was filed.Kinerson, In re--McGranahan v. Kinerson, 2017 Bankr. LEXIS 4136 (Bankr. E.D. Cal. December 4, 2017) (McManus, B.J.).
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
:
- 11 U.S.C.
Kinerson, In re--McGranahan v. Kinerson
Dec
04
2017
Ruling
Debtor's transfer of interest in real property to her son was deemed fraudulent as it was done to delay, hinder, and defraud an existing judgment creditor. (Bankr. E.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
: