Judge Tchaikovsky

Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton)

Plaintiff debtor brought an adversary proceeding against defendant trustee in bankruptcy, and the trustee filed cross-claims. At issue was whether the debtor effectively transferred certain real property to an irrevocable trust prior to filing for bankruptcy, so that it was not property of the bankruptcy estate and could not effectively be sold by the trustee. The trustee moved for summary judgment and to dismiss the claims.
Ruling: 
Postpetition recording of deeds from debtor to prepetition irrevocable trust was avoidable.
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Lam v. Conrad (Lam)

Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that certain claims arising from their dissolution proceeding were nondischargeable pursuant to 11 U.S.C. § 523(a)(4) and 11 U.S.C. § 523(a)(15). The former spouse moved for partial summary judgment with respect to her claim under 11 U.S.C. § 523(a)(4).
Ruling: 
Court denied former spouse's motion for partial summary judgment on nondischargeability claim.
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In re Pak

The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.
Ruling: 
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
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In re Quintero

Petitioner debtor requested approval of her reaffirmation agreement with a secured creditor.
Ruling: 
Reaffirmation agreement was not approved and creditor was prohibited from repossessing car since agreement did not meet disclosure requirements of section 524(k).
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Debtor was denied discharge due to the debtor's efforts to defraud creditors by concealing retained interest in the debtor's home.
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