Judge McManus

Samuel, In re

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.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-004

Simons, In re--Kooshkebaghi v. Simons

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.)
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Consumer case opionion summary, case decided on September 10,2018, LexisNexis #1018-100

Samuel, In re

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.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-085

Samuel, In re

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.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-006

Pitts, In re--Pitts v. Lakota

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.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Pitts, In re--Pitts v. Lakota

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.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Samuel, In re

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.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-006

Aslanyan, In re

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.)
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Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-095

Kinerson, In re--McGranahan v. Kinerson

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.)
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-048

Kinerson, In re--McGranahan v. Kinerson

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.).
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-052

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