Northern District

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.)
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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

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

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

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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