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Labor Comm'r, State of Cal. v. Ramirez (In re Ramirez)

Ruling
Unpaid wage claim was nondischargeable due to debtor’s deceitful conduct. (Bankr. N.D. Cal.)
Issue(s)
Was claim based on debtor contractor’s failure to pay wages a dischargeable breach of contract claim?

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Consumer opinion summary, case decided on August 26, 2016 , LexisNexis #0916-093

In re Gifford

Ruling
Judicial liens avoided to the extent impairing debtor’s one-half interest in residence. (Bankr. N.D. Cal.)OVERVIEW
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 25, 2016 , LexisNexis #1116-084

Bass v. Tiscareno (In re Tiscareno)

Ruling
Discharge denied due to knowing and fraudulent misrepresentation regarding interest inresidence. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-093

Bethke v. Shane (In re Shane)

Ruling
Debtor's fraud in convincing creditor to liquidate IRA to fund a loan resulted in nondischargeable debt.
Issue(s)
Was debt nondischargeable where debtor defrauded creditor of retirement savings?

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Consumer opinion summary, case decided on March 25, 2016 , LexisNexis #0416-079

In re Farley

Ruling
Bill collector sanctioned and held in contempt for violation of discharge injunction forpressing wage garnishment against debtor's wife after discharge. (Bankr. N.D. Cal.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on March 01, 2016 , LexisNexis #0117-110

Barrett v. United States Dep't of Educ. Direct Loan Servicing Ctr. (In re Barrett)

Ruling
Debtor satisfied all prongs of the Brunner test and was granted an undue hardship dischargeof student loan debt. (Bankr. N.D. Cal.)
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0916-121

Nobantu Ankoanda v. Garrett (In re Garrett)

Ruling
Debt was dischargeable where creditor was unable to identify specific misrepresentations made by debtor.
Issue(s)
Did state court judgment establish that loan debt was nondischargeable?

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Consumer opinion summary, case decided on February 02, 2016 , LexisNexis #0416-016

In re Landmark West LLC

Ruling
Debtor was bound by default rate of interest on note due to failure to object prior to confirmation.
Issue(s)
Did default rate of interest apply on claim pursuant to terms of confirmed chapter 11 plan?

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Commercial opinion summary, case decided on December 02, 2015 , LexisNexis #1215-129

In re Mac-Go Corp.

Ruling
Bank held an unsecured claim for fees after its lien terminated when its loan was fully satisfied.
Issue(s)
Was creditor entitled to a secured claim for fees where loan secured by creditor's lien had been fully satisfied?

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Commercial opinion summary, case decided on November 19, 2015 , LexisNexis #1215-041

In re Tapang

Ruling
Debtor's proposed cramdown rate of interest on loan securing real property approved.
Issue(s)
Could chapter 11 debtor cramdown the interest rate on a loan secured by real property?

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Consumer opinion summary, case decided on November 05, 2015 , LexisNexis #1215-024