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Judge Novack

Rafsanjani v. Malihi (In re Malihi)

Ruling: 
Debt was nondischargeable due to debtor's embezzlement but not fraud or defalcation.
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Consumer case opionion summary, case decided on January 22,2014, LexisNexis #0214-054

AutoSource Capital Inc. v. Traina (In re Traina)

Ruling: 
Discharge denied due to material false oaths relating to debtor's only valuable property.
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Consumer case opionion summary, case decided on October 25,2013, LexisNexis #1113-130

Nguyen v. Nguyen (In re Nguyen)

Ruling: 
Debtor was vicariously liable for arbitration decision against debtor's agent for misrepresentation, which was nondischargeable.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-084

Neilson v. Dwyer (In re Cedar Funding Inc.)

Plaintiff Chapter 11 trustee filed an adversary proceeding against defendant investor, seeking a determination that a real estate investment company made a fraudulent and preferential transfer to the investor that could be recovered for the company's Chapter 11 bankruptcy estate. The trustee filed a motion for summary judgment on his claim that the transfer was a preferential transfer that could be recovered under 11 U.S.C.S. § 547.
Ruling: 
Transfer for which deed was recorded within 90 days of petition date could be avoided as preferential.
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Commercial case opionion summary, case decided on September 12,2011, LexisNexis #1011-053

In re Cedar Funding Inc.

Citing Fed. R. Bankr. P. 9024, movant, a provider of accounting services and litigation support to the Chapter 11 trustee, asked the court to reconsider its ruling denying, in part, movant's second interim fee application. Movant filed its own motion and was not represented by counsel in connection therewith.
Ruling: 
Court refused to reconsider denial of accountant's second interim fee application.
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Commercial case opionion summary, case decided on March 07,2011, LexisNexis #0411-098

In re Masjid Al Rasood Inc.

Before the court was a creditor's motion for an order granting relief from the automatic stay under 11 U.S.C.S. § 362(d)(2) to proceed with the non-judicial foreclosure of debtor's real property ("the Property"). The parties disputed the fair market value of the property and whether the property was necessary to debtor's reorganization. The court held an evidentiary hearing on valuation, and the motion was pending decision.
Ruling: 
Relief from stay granted to allow creditor to foreclose on property in which debtor had no equity.
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Commercial case opionion summary, case decided on January 19,2011, LexisNexis #0211-041

Wu v. Stephen H. Swift Trust (In re Swift Instruments Inc.)

Plaintiff Chapter 7 trustee filed a complaint against defendants, two trusts and individuals. The trustee sought summary judgment on her claim to subordinate defendants' proofs of claims under 11 U.S.C.S. § 510(b). Both trusts contended in cross motions for summary judgment that their claims could not be subordinated as a matter of law, and one trust also sought to dismiss the trustee's claims for relief under 11 U.S.C.S. §§ 502(d) and 547.
Ruling: 
Trustee could not subordinate damages claim that was not a recharacterized securities or equities claim.
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Commercial case opionion summary, case decided on December 14,2010, LexisNexis #0111-119

Korneff v. Downey Regl Med. Center-Hospital Inc. (In re Downey Regl Med. Center-Hospital Inc.)

Appellant former employee sought review of an order from the United States Bankruptcy Court for the Central District of California, approving a stipulation between debtor hospital and an insurer regarding turnover of more than $1.6 million that the hospital had deposited with the insurer pursuant to a deferred compensation plan.
Ruling: 
Funds in deferred compensation plan were part of debtor hospital's unrestricted assets and were property of the estate.
ABI Membership is required to access the full summary of Korneff v. Downey Regl Med. Center-Hospital Inc. (In re Downey Regl Med. Center-Hospital Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 16,2010, LexisNexis #0111-056

In re Ochoa

A debtor filed a motion to hold a finance company in contempt of court for violating the automatic stay when it refused to return his vehicle after he filed his Chapter 13 bankruptcy. The finance company opposed the motion, arguing that it had rightfully repossessed the vehicle before the Chapter 13 was filed and that the debtor did not have the right to the vehicle without providing adequate protection.
Ruling: 
Creditor finance company sanctioned for failure to return repossessed vehicle after petition date.
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Consumer case opionion summary, case decided on October 01,2010, LexisNexis #1110-038

In re Levi

A debtor filed a motion for summary judgment on his motion to avoid the creditor's judgment lien, pursuant to 11 U.S.C. § 522(f). The creditor filed a motion for summary judgment in opposition.
Ruling: 
Charging lien arising by operation of law was not a judicial lien and not avoidable.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-060

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