Feb
06
2018
Morgan, In re--Morgan v. Preferred Fin. Grp., Inc.
Ruling:
Debtors' turnover claim for relief was dismissed as whatever the creditor owed to the debtorswas not property of the bankruptcy estate. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-074
Jan
30
2018
Parker, In re
Ruling:
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-034
Dec
29
2017
Payne, In re
Ruling:
Creditor's objection sustained because debtors' did not file petiiton in good faith as theyfailed to engage in reasonable efforts to ensure the accuracy of their schedules. (Bankr. N.D.Cal.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-030
Dec
26
2017
Gabriel Techs. Corp., In re--Qualcomm Inc. v. North Water Intellectual Prop. Fund L.P. 3A
Ruling:
Judicial estoppel did not apply as the creditor was prosecuting the instant action on behalf ofthe estate and any of its prior statements could not be visited upon it in its representativecapacity on behalf of the estate. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on December 26,2017, LexisNexis #0218-012
Dec
09
2017
Elliott, In re--Elliott v. Pac. Western Bank
Ruling:
Debtor could not avoid a transfer as the nonavoidable execution lien was already satisfied inpart prior to the petition date. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on December 09,2017, LexisNexis #0118-068
Oct
17
2016
Verbeck, In re
Ruling:
Court would award reasonable fees and costs debtor incurred after October 17, 2016 only ifplaintiff's claim was discharged. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on October 17,2016, LexisNexis #0118-075
Dec
04
2017
Gabriel Techs. Corp., In re--Qualcomm Inc. v. N. Water Intellectual Prop. Fund L.P. 3A
Ruling:
Note purchase agreement entered into by the debtors and funders did not create an enforceable lien on settlement proceeds obtained by the trustee. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on December 04,2017, LexisNexis #0118-050
Oct
18
2017
Kupfer, In re
Ruling:
Court was required to determine the amount of fees and costs that were attributable tolitigating the lessors' claims against the debtors for future rent because those amounts werecapped. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-099
Sep
27
2017
Hewitt v. Lemieux (In re Lemieux)
Ruling:
Discharge could not be denied as the debtor properly explained the disposition of his cashwithdrawals. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 27,2017, LexisNexis #1117-023
Sep
20
2017
Golden Gate Cmty. Health, In re
Ruling:
Severance claim was not entitled to priority as the vesting of the right to payment was outside the 180-day period prior to the bankruptcy. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on September 20,2017, LexisNexis #1017-098
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