- 11 U.S.C.
Brooks, In re
Feb
05
2017
Ruling
Court dismissed debtor's case with a bar to refiling due to debtor's active misconduct and abuse of the bankruptcy process. (Bankr. N.D. Cal.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
- 11 U.S.C.
Delgado v. Green (In re Leon)
Dec
12
2016
Ruling
Trustee had the rights of a bona fide purchaser of a real property where debtors' owned a 50%joint tenancy interest. (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 Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Dove v. McOmber (In re Dove)
May
17
2016
Ruling
Debtor's attorney's misrepresentation that debt to former spouse would be discharged was grounds for emotional distress damages.
Issue(s)
Should debtor be awarded damages for attorney's misrepresentation that debt to former spouse would be discharged in debtor's chapter 7 case?
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Court
:
Davis v. Battistella (In re Battistella)
May
09
2016
Ruling
Discharge denied where debtor could not explain disposition of large amounts of money taken from investors.
Issue(s)
Should debtor's discharge be denied for failure to schedule former spouse's claim, failure to explain the loss of assets or to explain what happened with funds received from investors?
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Court
:
- 11 U.S.C.
In re Gens
Jul
24
2015
Ruling
Dismissal was mandatory due to debtor's failure to file required operating reports for two years.
Issue(s)
Must chapter 11 debtor's case be dismissed due to a two-year failure to file required operating reports?
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Court
:
In re Hogan
Mar
13
2015
Ruling
Confirmation denied where plan would not give unsecured creditors as much as they would receive in chapter 7.
Issue(s)
Should debtors' third amended chapter 13 plan be confirmed?
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Court
:
- 11 U.S.C.
Coastal Indus. Partners LLC v. Lawson (In re Lawson)
Mar
14
2014
Ruling
Portion of arbitrator's award representing damages for debtor's conversion of wine sold to but withheld from creditor LLC was nondischargeable.
Issue(s)
Was arbitrator's award for debtor LLC's conversion of wine paid for by creditor nondischargeable?
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Court
:
- 11 U.S.C.
In re Murray
Dec
03
2012
Ruling
Plan confirmed as not unfairly discriminating and not filed in bad faith over objection of county and tenants' group.
Procedural posture
Objectors, a county and a group of tenants, objected to confirmation of a chapter 11 plan proposed by debtors, a married couple. At issue was whether the plan satisfied the criteria in 11 U.S.C.S. § 1129 and thus was properly confirmed.
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Court
:
- 11 U.S.C.
Wiggins v. Housley (In re Wiggins)
Sep
21
2012
Ruling
Real estate agent who assisted debtor with filing was a petition preparer and liable to debtor for failure to meet requirements and fraudulent or deceptive acts.
Procedural posture
Plaintiff debtor brought this adversary proceeding against defendants, including a real estate agent and real estate firm, pursuant to 11 U.S.C.S. § 110(i)(1), which provided that a petition preparer was liable to a debtor for actual damages, statutory damages of $2,000, and reasonable attorney's fees for violating any of the provisions of § 110 or committing a fraudulent or deceptive act. Pending was the court's decision.
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Court
:
- 11 U.S.C.
Allard v. G&P Enters. LLC (In re Allard)
Jul
10
2012
Ruling
Association dues assessed between petition date and sale date of condominium were nondischargeable.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a homeowners' association and its agent, seeking an order which prohibited defendants from collecting homeowners' association dues that accrued on a condominium she owned after she declared bankruptcy. Defendants filed a motion for summary judgment.
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Court
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