- 11 U.S.C.
In re Lake Tahoe Partners LLC
Apr
21
2016
Ruling
Appointment of chapter 11 trustee warranted due to circumstances of proposed sale of sole significant asset.
Issue(s)
Should single asset chapter 11 case be dismissed?
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Court
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Jones v. USCB Inc. (In re Jones)
Mar
10
2016
Ruling
Debtor not entitled to damages based on a single healthcare bill sent in violation of the automatic stay.
Issue(s)
Should debtor's proceeding for violation of the automatic stay, based on one bill sent by creditor after the petition date, be dismissed?
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Court
:
- FRBP
In re CMR Mortg. Fund LLC
Jan
26
2016
Ruling
Creditor sanctioned for filing large claim that had been waived in forbearance agreement per prior arbitration.
Issue(s)
Should claim that an arbitrator found creditor had waived in a forbearance agreement be dismissed and should the creditor be sanctioned?
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Court
:
Van Durden v. Redwood Radiology Grp. Inc. (In re Van Durden)
Jun
02
2015
Ruling
Debtor not entitled to damages for alleged emotional harm from creditor's stay violations.
Issue(s)
Was debtor entitled to damages for emotional harm allegedly caused by creditor's violation of the automatic stay?
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Court
:
- 11 U.S.C.
In re McIntosh
Jan
16
2015
Ruling
Debtor's former counsel's fee application denied due to breach of duty loyalty to client.
Issue(s)
Did debtor's former counsel breach the duty of loyalty to the debtor by switching sides on issue of whether avoided deed of trust was preserved for the benefit of the estate?
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Court
:
- 11 U.S.C.
Fu v. Yan (In re Yan)
May
13
2014
Ruling
Claim for attorneys fees incurred by creditor in debtor's frivolous state court action could not be awarded as stay violation damages.
Issue(s)
Was creditor entitled to award of attorneys' fees incurred in frivolous postpetition state court actions brought by debtor?
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Court
:
- 11 U.S.C.
Eller v. Collazo (In re Collazo)
Mar
10
2014
Ruling
Claims for denial of discharge denied due to insufficient allegations of concealment or false representations.
Issue(s)
Did creditors sufficiently allege case for nondischargeability of debt relating to settlement agreement with debtor on grounds of concealment and false representations?
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Court
:
- 11 U.S.C.
Jackson v. WellSpan Health
Feb
04
2014
Ruling
Debtor's employment discrimination action not barred where failure to disclose the claim in bankruptcy may not have been due to bad faith.
Issue(s)
Should debtor be precluded from pursuing this employment discrimination action due to a failure to disclose the action in her bankruptcy case?
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Court
:
- 11 U.S.C.
Ace Robey Constr. Inc. v. Robey (In re Robey)
Jun
04
2013
Ruling
Debt resulting from debtor general contractor's nonpayment of subcontractors despite payment by creditor was nondischargeable.
Procedural posture
Creditors filed a complaint against chapter 7 debtor, a general contractor, seeking to hold him liable for damages arising out of the renovation of the creditors' property and to have that liability excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) on the basis that it arose from a fraud perpetrated by the debtor.
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Court
:
Paron Capital Mgmt. LLC v. Crombie (In re Crombie)
Feb
07
2013
Ruling
State court judgment was nondischargeable where essential facts had been determined and debtor's lacked standing to assert prepetition counterclaims.
Procedural posture
Plaintiff judgment creditors (the creditors) brought an adversary action against defendant debtor (the debtor) seeking a determination that the state court judgment debt was excepted from discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6). The creditors sought summary judgment and the debtor filed counterclaims.
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Court
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