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northern district of california

Hodel, In re--Erickson v. McCaw

Ruling
Trustee failed to prove that debtor received less than equivalent value for a portion of thealleged fraudulent transfer. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-089

Ponte, In re

Ruling
Debtor's inherited IRA did not qualify for exemption as debtor was unable to make anycontributions to the IRA. (Bankr. N.D. Cal.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-082

Islam, In re--Koral v. Islam

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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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-006

Haynie, In re--Bryant Bank v. Haynie

Ruling
Record did not show that the debtor acted with the specific purpose of causing injury to thebank even though the court found the debtor's conduct was malicious. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1123-059

Lucido, In re--RGW Constr., Inc. v. Lucido

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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Commercial opinion summary, case decided on September 13, 2023 , LexisNexis #1123-045

Wallace, In re--Wallace v. IRS

Ruling
Abstention was not warranted in an adversary proceeding where debtor sought adetermination that prior tax debts owed to the IRS were dischargeable. (Bankr. C.D. Ill.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on August 18, 2023 , LexisNexis #1023-047

PG&E Corp., In re

Ruling
Landowners' trespass claim could proceed where debtor's easements against the subjectproperty had been extinguished by the final order in a condemnation proceeding. (Bankr. N.D.Cal.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on June 12, 2023 , LexisNexis #0823-028

Teran, In re--Teran v. Navient Sols., LLC

Ruling
Plaintiff was not required to amend the complaint in class action for violation of the discharge injunction as the expansion of the class of debtors was a minor change. (Bankr. N.D. Cal.)
Issue(s)
Effect of Discharge.

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Commercial opinion summary, case decided on March 30, 2023 , LexisNexis #0623-012

Mariner Health Cent., Inc., In re

Ruling
Automatic stay was not appropriate to protect non-debtor affiliates from ongoing litigation.(Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Scope.

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Commercial opinion summary, case decided on January 17, 2023 , LexisNexis #0323-053

Mariner Health Cent., Inc., In re

Ruling
Extension of the automatic stay denied where debtors did not identify any irreparable harmthat could arise in the relevant time period. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on January 12, 2023 , LexisNexis #0323-028