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.
ABI Membership is required to access the full summary of Samuel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Simons, In re--Kooshkebaghi v. Simons Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Aparicio, In re
Aug
23
2018
Ruling
Bankruptcy debtor ineligible for chapter 13 relief as the amount his ex-wife claimed under a marital settlement agreement, which was incorporated into a dissolution judgment, exceeded the eligibility limits for unsecured debts. (Bankr. E.D. Cal.)
Issue(s)
Who May Be a Debtor; Chapter 13.
ABI Membership is required to access the full summary of Aparicio, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Lastreto II ) [ Bankruptcy 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]
ABI Membership is required to access the full summary of Samuel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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]
ABI Membership is required to access the full summary of Samuel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Pitts, In re--Pitts v. Lakota Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Pitts, In re--Pitts v. Lakota Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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].
ABI Membership is required to access the full summary of Samuel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lusk, In re--Peterson v. Lusk
Jul
05
2018
Ruling
Debt was nondischargeable where debtor breached his fiduciary duty when he took the fundswithout former spouse's knowledge or consent and was sufficient to prove debtor'sdefalcation and requisite intent. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
ABI Membership is required to access the full summary of Lusk, In re--Peterson v. Lusk Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Evans, In re
Jul
03
2018
Ruling
Attorney sanctioned for aiding debtors in an abuse of the bankruptcy process that wascalculated to hinder, delay, and defraud lenders in their efforts to foreclose and/or exercisetheir rights with regard to their respective real property collateral. (Bankr. E.D. Cal.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
ABI Membership is required to access the full summary of Evans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: