Judge McManus

Petersen, In re--Petersen v. IRS

Ruling: 
Income tax liabilities were excepted from discharge as debtor's returns were not honest and reasonable attempts to comply with filing of timely returns. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Petersen, In re--Petersen v. IRS. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 23,2017, LexisNexis #1217-106

Allen, In re

Ruling: 
Part of judicial lien that impaired debtors' exemption was avoided. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Allen, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 03,2017, LexisNexis #1117-047

Hatch, In re

Ruling: 
Court determined that no portion of the bank's claim was allowed as a secured claim basedon debtors' valuation. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Hatch, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 30,2017, LexisNexis #1017-010

Dynowski, In re

Ruling: 
Court found clear and convincing evidence of debtor's attorney's bad faith and willfulmisconduct after filing cases without being a member of the bar of the court and failing to filea fee disclosure as required by the bankruptcy code. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Dynowski, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 28,2017, LexisNexis #0417-003

In re Dynowski

Ruling: 
Debtor’s attorney sanctioned for filing cases without being admitted to the court, withoutfiling required disclosures and solely to take advantage of the automatic stay. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of In re Dynowski. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 11,2016, LexisNexis #0916-034

Alexandrov v. Semenyuk (In re Semenyuk)

Ruling: 
Fraudulent promise to deliver motor vehicles in exchange for payment resulted in nondischargeable debt.
ABI Membership is required to access the full summary of Alexandrov v. Semenyuk (In re Semenyuk). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 02,2015, LexisNexis #0915-117

Bensi v. Eshelman (In re Eshelman)

Ruling: 
Unpaid ERISA withdrawal liability was dischargeable absent evidence that failure to pay was willful or malicious or that debtor owed a fiduciary duty before the wrongdoing occurred.
ABI Membership is required to access the full summary of Bensi v. Eshelman (In re Eshelman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2015, LexisNexis #0515-012

Ewais v. Hsia (In re Hsia)

In an adversary proceeding, the issue concerned the dischargeability of a debt, previously established in state court, which arose from a theft by defendant debtor of plaintiff individual's personal property.
Ruling: 
Judgment debt based on theft was nondischargeable.
ABI Membership is required to access the full summary of Ewais v. Hsia (In re Hsia). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 10,2013, LexisNexis #0713-053

Rose v. Healy (In re Healy)

Plaintiff judgment creditor sought to except from defendant debtor's chapter 7 discharge the fees and costs she incurred while defending a meritless lawsuit brought against her by the debtor. The creditor maintained that the prosecution of the suit was both willful and malicious under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Fees and costs awarded to creditor for defending meritless lawsuit brought by debtor were nondischargeable.
ABI Membership is required to access the full summary of Rose v. Healy (In re Healy). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0713-054

Pages

Subscribe to Judge McManus