- 11 U.S.C.
Pacific Steel Casting Co. LLC, In re--Little v. Speyside Fund, LLC
Aug
17
2022
Ruling
Former owners and managers of debtor were entitled to summary judgment in proceedings forfraudulent transfers and breach of fiduciary duties. (Bankr. N.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
Specialty's Café & Bakery, Inc., In re--Brady v. United States, SBA
Feb
02
2022
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Proceeds of Paycheck Protection Program loan that was rescinded by debtor were subject to aresulting trust and not property of the estate.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.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
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Court
:
Aviles, In re
Nov
30
2018
Ruling
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- FRBP
In re Nakhuda
Apr
27
2015
Ruling
Debtor's attorney sanctioned for making unsupported arguments and failing to get original signatures on court filings.
Issue(s)
Should debtor's attorney be sanctioned for conduct in case?
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Court
:
In re Fresh Choice LLC
Mar
10
2014
Ruling
Debtor's counsel's failure to disclose that it was not disinterested was grounds for denial of fees and costs.
Issue(s)
Should debtor's counsel's fees be disallowed due to failure of counsel to disclose that it was a creditor of the debtor and not disinterested?
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Court
:
Landis v. Mario M.S.B. Feusier (In re Mario M.S.B. Feusier)
Dec
10
2013
Ruling
Case dismissed with five-year filing bar due to failures to disclose.
Issue(s)
Were debtor's nondisclosures grounds for dismissal.
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Court
:
- 11 U.S.C.
In re North
Oct
15
2012
Ruling
Debtor's plan could avoid wholly unsecured second lien and could not be confirmed until the lien was stripped.
Procedural posture
Objector, the chapter 13 trustee, challenged the proposed confirmation of debtor's plan, set in a "chapter 20" context, asserting that the plan could not strip a second mortgage lien without debtor being granted a discharge. Debtor had received a chapter 7 discharge 2 and a half years prior, and she was not entitled to a discharge in the instant case.
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Court
:
- 11 U.S.C.
In re Avon Townhomes Venture
Oct
15
2010
Ruling
Real estate broker that had not obtained court permission to provide services to debtor ordered to disgorge commission.
Procedural posture
Debtor, an entity that was created to develop real property, declared bankruptcy and asked the court for permission to sell its sole asset: a parcel of partially-developed property in Lathrop, California. The court issued an order on July 30, 2010, which directed a real estate broker and a company the broker owned to respond to the court's preliminary decision to order the broker and his company to disgorge a commission they were paid.
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Court
:
- 11 U.S.C.
Mukherjee v. Sir (In re Sir)
May
26
2010
Ruling
Debts for "investments" given to debtor who was a compulsive gambler and lost funds were dischargeable.
Procedural posture
After debtor filed a chapter 7 case, plaintiffs 1 and 2 filed an adversary complaint charging that debts owed to them on account of "investments" that they allegedly made in a business venture begun by debtor were excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the debts, in part or whole, arose out of such investments or arose out of debts associated with debtor's alleged addiction to gambling.
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Court
:
In re TVIA Inc.
Sep
11
2009
Ruling
Fee application allowed with reductions for charges for clerical tasks, excessive time and duplicative work.
Procedural posture
Movant law firm filed a fee application under 11 U.S.C.S. § 330(a) seeking payment of $277,144 for fees and expenses incurred as counsel for a committee of equity security holders. The court issued a tentative ruling indicating its intent to disallow $ 87,713 in fees for various reasons, and then conducted a hearing to further examine the issue.
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Court
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