Judge Novack

Fu, In re

Ruling: 
Debtor's discharge did not bar cross-claims asserted as setoffs as debtor had not disputed thevalidity of judgment and had not yet attempted to undermine the merits of the cross-claims.(Bankr. N.D. Cal.)HOLDINGS; [1]-A judgment creditor's collection efforts against a third party did not appear, at the earlystages of the pending litigation, to violate a debtor's discharge injunction because a sole spouse's Chapter7 discharge generally insulated pre-petition community property from discharged pre-petitioncommunity claims, and the creditor's declaratory relief request was to determine the bonafides of thedebtor's divorce, and if the divorce was a sham; [2]-The debtor's discharge did not bar cross-claimsasserted in pending state litigation to the extent they were asserted as setoffs under 11 U.S.C. § 553because the debtor had not disputed the validity of a judgment held by the creditor asserting the crossclaims and had not yet attempted to undermine the merits of the cross-claims.Fu, In re, 2020 Bankr. LEXIS 2514 (Bankr. N.D. Cal. September 25, 2020) (Novack, B.J.).
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-014

Donohue, In re

Ruling: 
Proof of claim was unenforceable against the debtor as it was procedurally and substantivelyunconscionable under local law. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-031

Chan, In re

Ruling: 
Debt was nondischargeable where debtor's representations were knowingly false and made toforestall creditor's motion to withdraw as debtor’s counsel in state court case. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-037

Bonilla, In re

Ruling: 
Creditor's involuntary bankruptcy petitions were facially defective as he had submitted themin bad faith to collaterally attack criminal conviction. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-027

Wettersten, In re

Ruling: 
Debt was dischargeable where causes of plaintiff's injuries were accidental, not malicious.(Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 14,2019, LexisNexis #1019-035

Rodriguez, In re

Ruling: 
Creditor's failure to stop its post-petition levy against debtor's bank accounts constituted awillful violation of the automatic stay. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on May 13,2019, LexisNexis #0719-077

Parker, In re

Ruling: 
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 11,2019, LexisNexis #0619-055

Dong Xing Fu, In re

Ruling: 
Court’s decision in favor of debtor on motion for denial of discharge vacated due to plaintiff’slack of standing. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on March 26,2019, LexisNexis #0519-090

Wettersten, In re--Ditto v. Wettersten

Ruling: 
Debtor was entitled to summary judgment on plaintiff's claim that his personal injury actionagainst debtor was nondischargeable where plaintiff did not timely respond to the debtor'srequests for admission. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-015

Morgan, In re--Morgan v. Preferred Fin. Grp., Inc.

Ruling: 
Debtors' turnover claim for relief was dismissed as whatever the creditor owed to the debtorswas not property of the bankruptcy estate. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-074

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