- 11 U.S.C.
Kuo, In re--Kuo v. Schulman
Feb
24
2025
Ruling
Court held that Chapter 13 debtors have standing to exercise the trustee's avoidance powers when doing so would benefit the estate and creditors. (Bankr. N.D. Cal.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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Court
:
Tom, In re--Ng v. Tom
Jul
29
2022
Ruling
Debt was nondischargeable based on state court judgment in personal injury case that debtor'soperation of his motor vehicle was unlawful due to his intoxication by alcohol. (Bankr. N.D.Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Bartenwerfer, In re--Buckley v. Bartenwerfer
Jan
04
2019
Ruling
Court rendered judgment in favor of debtor wife where creditor failed to prove debtor wifeknew of but ignored facts that should have prompted her to investigate the representations setforth in the real estate transfer disclosure statement. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Grover, In re--Turlington v. Grover
Apr
25
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Payne, In re
Dec
29
2017
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.
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Court
:
Hewitt v. Lemieux (In re Lemieux)
Sep
27
2017
Ruling
Discharge could not be denied as the debtor properly explained the disposition of his cashwithdrawals. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
Wong, In re--TRICO Pipes v. Wong
Jun
05
2017
Ruling
Debtor's liability deemed dischargeable as trustee and committee failed to show evidence that wage claimants relied upon false representations or that the representations proximately caused their harm. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
In re Innocenti LLC
Jun
20
2016
Ruling
Mother who could not show ownership of son’s LLC could not obtain dismissal of LLC's case.
Issue(s)
Was debtor the sole member of an LLC on the date of the order of relief in an involuntary case so that the LLC was property of the estate?
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Court
:
- 11 U.S.C.
Jadallah v. Carroll (In re Carroll)
Apr
13
2016
Ruling
Debt was nondischargeable due to debtor's misrepresentations to creditor regarding renovation project.
Issue(s)
Was debt nondischargeable due to misrepresentations debtor made to induce creditor to extend a loan?
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Court
:
Tradex Global Master Fund SPC Ltd. v. Chui (In re Chui)
Sep
24
2015
Ruling
Debt was dischargeable where debtor did not act in a fiduciary capacity and any alleged securities law violations were time-barred.
Issue(s)
Was debt nondischargeable based on a breach of fiduciary responsibility or violation of securities laws?
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Court
: