Sep
12
2018
Malek, In re
Ruling:
Trustee's motion to dismiss the debtor's case granted where debtor failed without justification to promptly resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to her creditors. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-113
Sep
10
2018
Malek, In re
Ruling:
Case dismissed as debtor failed to resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to the creditors. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 10,2018, LexisNexis #1018-112
May
29
2018
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
Apr
25
2018
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
May
01
2018
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
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
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