- 11 U.S.C.
In re Casas
Sep
28
2014
Ruling
Debtor could avoid junior lien on residence where creditor could not demonstrate that it was secured.
Issue(s)
Could debtor avoid a junior lien as unsecured?
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Court
:
- 11 U.S.C.
In re Guancione
Aug
05
2014
Ruling
Automatic stay does not apply to criminal proceedings against debtor.
Issue(s)
Was debtor entitled to damages from state officials for pursuing criminal proceedings during the pendency of the automatic stay?
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Court
:
In re Valley Process Sys.
Jul
23
2014
Ruling
Post-dismissal, bankruptcy court could not surcharge property that was no longer property of the estate.
Issue(s)
Did dismissal of an underlying bankruptcy case divest the bankruptcy court of residual jurisdiction to entertain motions for surcharge of property that had been property of the estate?
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Court
:
- 11 U.S.C.
In re Hey
Jun
03
2014
Ruling
Debtor entitled to valuation of collateral that would support avoidance of creditor's lien.
Issue(s)
Whether chapter 13 debtors were entitled to a determination under 11 U.S.C.S. § 506(a)(1) that a creditor's second deed of trust on their personal residence, a condominium, was not secured in any amount and thus, could be avoided.
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Court
:
- 11 U.S.C.
Nguyen v. Van Tran (In re Van Tran)
Feb
07
2014
Ruling
Fraud by third party could not be imputed to debtor broker whose only violation of the law was due to inaction.
Issue(s)
Could fraud of agent be imputed to debtor real estate broker in order to establish nondischargeable debt?
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Court
:
- 11 U.S.C.
Efthymiou v. Di Ricco (In re Di Ricco)
Oct
18
2013
Ruling
Nondischargeability proceeding dismissed due to insufficient allegations of misrepresentation.
Issue(s)
Whether a creditor's complaint seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)92)(A) should be dismissed pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- 11 U.S.C.
Grewal v. Santa Cruz (In re Grewal)
Sep
30
2013
Ruling
Bank violated stay by confiscating business property.
Issue(s)
Did bank's confiscation of property located inside debtor's place of business violate stay.
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Court
:
In re American G.I. Forum
Sep
27
2013
Ruling
Failure to file claim in debtor's prior case was not grounds for disallowance in current case.
Issue(s)
Should creditor's current claim for back pay be disallowed on the grounds that the debt was neither scheduled nor claimed it debtor's prior case.
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Court
:
- 11 U.S.C.
Siu v. Martinez (In re Martinez)
Sep
25
2013
Ruling
Discharge denied due to substantial transfers to family members within one year of petition date.
Issue(s)
Was debtor's transfer of substantial funds to family members within one year immediately prior to the petition date grounds for denial of discharge.
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Court
:
In re Dheming
Mar
22
2013
Ruling
Confirmation date was proper valuation date for creditor's secured claim.
Procedural posture
A creditor objected to a chapter 11 debtor's combined plan and disclosure statement. The parties disagreed as to the appropriate date of valuation, for plan confirmation purposes, of certain real property. The debtor argued that the valuation date for the creditor's secured claim was the petition date, while the creditor argued that it was the confirmation date.
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Court
: