Northern District

Cresta Tech. Corp., In re

Ruling: 
Court granted trustee's motion to enter into an agreement to settle a breach of contract claimand to amend an asset purchase agreement. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on May 29,2018, LexisNexis #0718-030

Grover, In re--Turlington v. Grover

Ruling: 
Court ruled creditor's complaint and amended complaint as timely but determined that debtwas dischargeable where creditor failed to show that debtor's misrepresentation caused himinjury. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 25,2018, LexisNexis #0718-012

Bingham, In re

Ruling: 
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-023

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

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

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

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.)
ABI Membership is required to access the full summary of Gabriel Techs. Corp., In re--Qualcomm Inc. v. North Water Intellectual Prop. Fund L.P. 3A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 26,2017, LexisNexis #0218-012

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

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

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

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