Northern District

Teran, In re--Teran v. Navient Sols., LLC

Ruling: 
Loan was not a qualified education loan as debtor was not an eligible student when hereceived the loan funds, which paid bar prep expenses, not his law school attendance, andfor living expenses. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on February 15,2022, LexisNexis #0422-015

Specialty's Café & Bakery, Inc., In re--Brady v. United States, SBA

Ruling: 
Proceeds of Paycheck Protection Program loan that was rescinded by debtor were subject to aresulting trust and not property of the estate. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on February 02,2022, LexisNexis #0322-064

W. Asbestos Co., In re--Darden v. W. Asbestos Settlement Trust

Ruling: 
Trust was granted summary judgment where claim fell within the terms of a state courtsettlement. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on August 05,2021, LexisNexis #0921-066

Longmire, In re--Kessler v. Longmire

Ruling: 
Debt was dischargeable as the creditor did not reasonably rely on debtor’s statements aboutthe income and residence in deciding to make its loan. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-037

Fox Ortega Enters., In re--Kasolas v. Nicholson

Ruling: 
Trustee was entitled to recover the value of wine defendant purchased from debtor whodefrauded purchasers through a Ponzi scheme. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on April 23,2021, LexisNexis #0621-042

Fu, In re

Ruling: 
Debtor's discharge did not bar cross-claims asserted as setoffs as debtor had not disputed thevalidity of judgment and had not yet attempted to undermine the merits of the cross-claims.(Bankr. N.D. Cal.)HOLDINGS; [1]-A judgment creditor's collection efforts against a third party did not appear, at the earlystages of the pending litigation, to violate a debtor's discharge injunction because a sole spouse's Chapter7 discharge generally insulated pre-petition community property from discharged pre-petitioncommunity claims, and the creditor's declaratory relief request was to determine the bonafides of thedebtor's divorce, and if the divorce was a sham; [2]-The debtor's discharge did not bar cross-claimsasserted in pending state litigation to the extent they were asserted as setoffs under 11 U.S.C. § 553because the debtor had not disputed the validity of a judgment held by the creditor asserting the crossclaims and had not yet attempted to undermine the merits of the cross-claims.Fu, In re, 2020 Bankr. LEXIS 2514 (Bankr. N.D. Cal. September 25, 2020) (Novack, B.J.).
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-014

PG&E Corp., In re

Ruling: 
Court granted motion for relief from stay to allow whistleblower claims to proceed in statecourt. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on February 25,2020, LexisNexis #0420-032

Donohue, In re

Ruling: 
Proof of claim was unenforceable against the debtor as it was procedurally and substantivelyunconscionable under local law. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-031

Rejuvi Lab., Inc., In re

Ruling: 
Debtor could not amend proof of claim to incorporate distinct, late claim for additionaldamages. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on December 09,2019, LexisNexis #0120-059

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