Sep
28
2023
Islam, In re--Koral v. Islam
Ruling:
Creditor established that its damages were nondischargeable as he showed that the debtormisrepresented to a third party that he would not release certain goods without payment.(Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-006
Sep
13
2023
Lucido, In re--RGW Constr., Inc. v. Lucido
Ruling:
Creditor did not meet its burden of proof in attempting to show an individual debtor whosought small business debtor reorganization would not engage in business. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on September 13,2023, LexisNexis #1123-045
Jun
12
2023
PG&E Corp., In re
Ruling:
Landowners' trespass claim could proceed where debtor's easements against the subjectproperty had been extinguished by the final order in a condemnation proceeding. (Bankr. N.D.Cal.)
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Commercial case opionion summary, case decided on June 12,2023, LexisNexis #0823-028
Mar
30
2023
Teran, In re--Teran v. Navient Sols., LLC
Ruling:
Plaintiff was not required to amend the complaint in class action for violation of the discharge injunction as the expansion of the class of debtors was a minor change. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on March 30,2023, LexisNexis #0623-012
Jan
17
2023
Mariner Health Cent., Inc., In re
Ruling:
Automatic stay was not appropriate to protect non-debtor affiliates from ongoing litigation.(Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on January 17,2023, LexisNexis #0323-053
Jan
12
2023
Mariner Health Cent., Inc., In re
Ruling:
Extension of the automatic stay denied where debtors did not identify any irreparable harmthat could arise in the relevant time period. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-028
Nov
28
2022
Schoenmann, In re--Schoenmann v. Schoenmann
Ruling:
Debt was dischargeable absent proof of reliance on debtor's alleged misrepresentations.(Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 28,2022, LexisNexis #0123-085
Sep
06
2022
Carr, In re--Morrison v. Carr
Ruling:
Adversary proceeding dismissed as creditors did not allege the necessary intentionallytortious conduct to allow the court to consider whether the conduct at issue was also willfuland malicious. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 06,2022, LexisNexis #1122-042
Aug
29
2022
Won Bae, In re--Fuller v. Won Bae
Ruling:
Investors were entitled to a nondischargeable judgments as they substantially relied on falserepresentations when they decided to invest. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 29,2022, LexisNexis #1122-011
Aug
17
2022
Pacific Steel Casting Co. LLC, In re--Little v. Speyside Fund, LLC
Ruling:
Former owners and managers of debtor were entitled to summary judgment in proceedings forfraudulent transfers and breach of fiduciary duties. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on August 17,2022, LexisNexis #1022-060