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Judge Sargis

Borre, In re

Ruling: 
Debtor's objection to a claim for a pre-petition mortgage default was sustained as debtortimely made the payment. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0519-006

Carroll, In re

Ruling: 
Debtor's class action settlement proceeds determined to be property of bankruptcy estate without prejudice to debtor's right to claim exemption. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on June 06,2018, LexisNexis #0718-046

Applegate Johnston, Inc., In re

Ruling: 
Transfers of funds by debtor was avoidable as no preliminary stop notice was given by defendant. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on March 07,2017, LexisNexis #0417-049

Sinclair, In re

Ruling: 
Court disallowed claimed exemption after debtor failed to show that the "maliciousprosecution suit" that was settled by the trustee was a "cause of action for personal injury."(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-069

Achterberg, In re--Achterberg v. Creditors Trade Ass'n

Ruling: 
Creditors violated both the automatic stay and discharge injunction after intentionally failing to vacate a state court default judgment. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on February 03,2017, LexisNexis #0317-033

Ganas v. Wells Fargo Bank N.A. (In re Ganas)

Ruling: 
Debtor's fair debt collection claim against creditor based on filing of an erroneous proof of claim could only be brought as an objection to creditor's proof of claim.
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Consumer case opionion summary, case decided on July 11,2014, LexisNexis #0814-046

Zavala v. Wells Fargo Bank (In re Zavala)

Defendant bank filed a motion to dismiss chapter 7 debtors' complaint, which alleged that the bank violated the automatic stay, 11 U.S.C.S. § 362(a)(3), when it refused to disburse monies owed by the bank for two prepetition demand amounts in which the debtors asserted an exemption.
Ruling: 
Bank's hold on debtor's accounts and request to trustee for instructions did not violate stay.
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Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0311-007
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