Sep
25
2020
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
Feb
25
2020
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
Jan
27
2020
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
Dec
09
2019
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
Sep
25
2019
Chan, In re
Ruling:
Debt was nondischargeable where debtor's representations were knowingly false and made toforestall creditor's motion to withdraw as debtor’s counsel in state court case. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-037
Aug
15
2019
Bonilla, In re
Ruling:
Creditor's involuntary bankruptcy petitions were facially defective as he had submitted themin bad faith to collaterally attack criminal conviction. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-027
Aug
14
2019
Wettersten, In re
Ruling:
Debt was dischargeable where causes of plaintiff's injuries were accidental, not malicious.(Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 14,2019, LexisNexis #1019-035
Aug
16
2019
PG&E Corp., In re
Ruling:
Trustee’s motion to dismiss granted as there was no reasonable likelihood of rehabilitationgiven $8 million uncollectible account receivable. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on August 16,2019, LexisNexis #1019-043
Jun
12
2019
PG&E Corp., In re--PG&E Corp. v. FERC
Ruling:
FERC does not have concurrent jurisdiction over motions to reject or assume executorycontracts. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on June 12,2019, LexisNexis #0819-058
May
28
2019
PG&E Corp., In re
Ruling:
Court denied creation of a committee not contemplated under the Bankruptcy Code torepresent ratepayer interests with respect to future rates. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on May 28,2019, LexisNexis #0819-046
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