- 11 U.S.C.
Kumar, In re--Mula v. Kumar
Apr
26
2024
Ruling
Tenant proved by a preponderance of the evidence that debtor's conduct was willful andmalicious and that the resulting damages constituted a nondischargeable claim. (Bankr. N.D.Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Islam, In re--Koral v. Islam
Sep
28
2023
Ruling
Creditor established that its damages were nondischargeable as he showed that the debtormisrepresented to a third party that he would not release certain goods without payment.(Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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- 11 U.S.C.
Lucido, In re--RGW Constr., Inc. v. Lucido
Sep
13
2023
Ruling
Creditor did not meet its burden of proof in attempting to show an individual debtor whosought small business debtor reorganization would not engage in business. (Bankr. N.D. Cal.)
Issue(s)
Effect of Confirmation; Discharge; When Debtor is Not Discharged.
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- 11 U.S.C.
Carr, In re--Morrison v. Carr
Sep
06
2022
Ruling
Adversary proceeding dismissed as creditors did not allege the necessary intentionallytortious conduct to allow the court to consider whether the conduct at issue was also willfuland malicious. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Won Bae, In re--Fuller v. Won Bae
Aug
29
2022
Ruling
Investors were entitled to a nondischargeable judgments as they substantially relied on falserepresentations when they decided to invest. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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- 11 U.S.C.
W. Asbestos Co., In re--Darden v. W. Asbestos Settlement Trust
Aug
05
2021
Ruling
Trust was granted summary judgment where claim fell within the terms of a state courtsettlement. (Bankr. N.D. Cal.)
Issue(s)
Effect of Discharge.
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- 11 U.S.C.
Fu, In re
Sep
25
2020
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.).
Issue(s)
Setoff.
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Donohue, In re
Jan
27
2020
Ruling
Proof of claim was unenforceable against the debtor as it was procedurally and substantivelyunconscionable under local law. (Bankr. N.D. Cal.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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Chan, In re
Sep
25
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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- 11 U.S.C.
Bonilla, In re
Aug
15
2019
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.)
Issue(s)
Involuntary Cases.
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