- 11 U.S.C.
Brower, In re--Kasolas v. Brower
Aug
01
2022
Ruling
Trustee's action to recover funds transferred from a corporation wholly owned by debtordismissed as debtor's interest in the corporation was as a shareholder and property was notproperty of bankruptcy estate. (Bankr. N.D. Cal.)
Issue(s)
Postpetition Transactions.
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Assadi, In re
Jul
22
2019
Ruling
Creditor's motion to dismiss was granted as creditor held the largest claim to be paid throughthe plan, it sought dismissal to pursue post-petition claim, and debtor had no assets to warrantconversion to Chapter 7. (Bankr. N.D. Cal.)
Issue(s)
Conversion or Dismissal; For Cause.
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:
- 11 U.S.C.
Pacific Thomas Corp., In re
May
28
2019
Ruling
Facility operator was authorized to offset its allowed management fee against trustee'sentitlement to recover for postpetition rents received and not turned over. (Bankr. N.D. Cal.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Morazan-Aviles, In re--Morazan v. Morazan-Aviles
Jan
07
2019
Ruling
Judgment was entered for debtor as it was not established that she embezzled settlement funds from her parents. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Cresta Tech. Corp., In re
May
29
2018
Ruling
Court granted trustee's motion to enter into an agreement to settle a breach of contract claimand to amend an asset purchase agreement. (Bankr. N.D. Cal.)
Issue(s)
Change of venue; For Convenience of Parties or Witnesses.
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Court
:
- 11 U.S.C.
Bingham, In re
May
01
2018
Ruling
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
Issue(s)
Contents of Plan; Mandatory Provisions; Payment of Priority Claims.
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Court
:
- 11 U.S.C.
Brower, In re--MUFG Union Bank, N.A. v. Brower
Mar
22
2017
Ruling
Debtor's obligation to the bank for his guaranty of a loan was exempted from discharge after the bank established each of the six requirements pursuant to § 523(a)(2)(B). (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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:
- 11 U.S.C.
In re Escarcega
Sep
26
2016
Ruling
Plan that would allow debtor’s to modify plan without leave of court could not be confirmed.(Bankr. N.D. Cal.)
Issue(s)
Could plan containing provisions intended to authorize debtors to pay off their plans and obtain a discharge at any time after confirmation without having to go through the plan modification process and without having to pay allowed unsecured claim
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:
- 11 U.S.C.
Lee v. Bois (In re Bois)
Aug
22
2016
Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?
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:
- 11 U.S.C.
Starboard Commer. Brokerage Inc. v. Yates (In re Yates)
Jun
24
2016
Ruling
Claim for real estate commission disallowed on debtor’s objection.
Issue(s)
Whether a commission allegedly owed to creditor listing agent should be allowed?
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