Judge Jaroslovsky

Brooks, In re

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.)
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Consumer case opionion summary, case decided on February 05,2017, LexisNexis #0317-048

Delgado v. Green (In re Leon)

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.)
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Consumer case opionion summary, case decided on December 12,2016, LexisNexis #0117-049

Dove v. McOmber (In re Dove)

Ruling: 
Debtor's attorney's misrepresentation that debt to former spouse would be discharged was grounds for emotional distress damages.
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Consumer case opionion summary, case decided on May 17,2016, LexisNexis #0616-015

Davis v. Battistella (In re Battistella)

Ruling: 
Discharge denied where debtor could not explain disposition of large amounts of money taken from investors.
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Consumer case opionion summary, case decided on May 09,2016, LexisNexis #0616-022

In re Gens

Ruling: 
Dismissal was mandatory due to debtor's failure to file required operating reports for two years.
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Consumer case opionion summary, case decided on July 24,2015, LexisNexis #0815-098

In re Hogan

Ruling: 
Confirmation denied where plan would not give unsecured creditors as much as they would receive in chapter 7.
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Consumer case opionion summary, case decided on March 13,2015, LexisNexis #0415-028

Coastal Indus. Partners LLC v. Lawson (In re Lawson)

Ruling: 
Portion of arbitrator's award representing damages for debtor's conversion of wine sold to but withheld from creditor LLC was nondischargeable.
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Commercial case opionion summary, case decided on March 14,2014, LexisNexis #0414-050

In re Strickland

Debtor filed a petition under chapter 12 of the Bankruptcy Code, and a bank that held secured claims against property the debtor owned filed a motion to dismiss the debtor's case. Another bank joined the motion, as did the chapter 12 trustee.
Ruling: 
Case dismissed for unreasonable delay and bad faith.
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Consumer case opionion summary, case decided on March 07,2013, LexisNexis #0413-063

In re Murray

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.
Ruling: 
Plan confirmed as not unfairly discriminating and not filed in bad faith over objection of county and tenants' group.
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #1212-128

Wiggins v. Housley (In re Wiggins)

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.
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.
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Consumer case opionion summary, case decided on September 21,2012, LexisNexis #1012-107

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