Jones v. USCB Inc. (In re Jones)
Mar
10
2016
Ruling
Debtor not entitled to damages based on a single healthcare bill sent in violation of the automatic stay.
Issue(s)
Should debtor's proceeding for violation of the automatic stay, based on one bill sent by creditor after the petition date, be dismissed?
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Court
:
- 11 U.S.C.
In re Farley
Mar
01
2016
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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Court
:
Flynn & Enslow Inc. v. Welter (In re Welter)
Feb
29
2016
Ruling
Debt was dischargeable absent evidence of fraud or embezzlement.
Issue(s)
Were claims of business against debtor employee nondischargeable due to alleged fraud and embezzlement?
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Court
:
- 11 U.S.C.
Barrett v. United States Dep't of Educ. Direct Loan Servicing Ctr. (In re Barrett)
Feb
10
2016
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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Court
:
- 11 U.S.C.
Nobantu Ankoanda v. Garrett (In re Garrett)
Feb
02
2016
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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Court
:
- FRBP
In re CMR Mortg. Fund LLC
Jan
26
2016
Ruling
Creditor sanctioned for filing large claim that had been waived in forbearance agreement per prior arbitration.
Issue(s)
Should claim that an arbitrator found creditor had waived in a forbearance agreement be dismissed and should the creditor be sanctioned?
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Court
:
- 11 U.S.C.
Board of Trs. v. Quinones (In re Quinones)
Dec
21
2015
Ruling
Debtors entitled to fees after prevailing in nondischargeability proceeding that was determined prior to voluntary dismissal.
Issue(s)
Were debtors entitled to fees incurred in successfully defending nondischargeability proceeding prior to voluntary dismissal?
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Court
:
- 11 U.S.C.
In re Valle
Dec
21
2015
Ruling
Debtor's attorneys' allowed fees in addition to "no look fee" but in lesser amount than requested.
Issue(s)
Were debtors' attorneys entitled to fees in excess of the "no look" fee?
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Court
:
- FRBP
Board of Trs. v. Quinones (In re Quinones)
Dec
19
2015
Ruling
Debtors' motion for sanctions against boards of trustees that managed employee benefit accounts denied.
Issue(s)
Should sanctions be assessed against two boards of trustees that managed employee benefits trusts for bringing insufficient or improper proceedings against debtors?
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Court
:
- 11 U.S.C.
Everett v. Darrow Family Partners (In re Pac. Thomas Corp.)
Dec
08
2015
Ruling
Chapter 11 trustee could avoid transfers by debtor in proceeding that was not barred by res judicata as prior proceeding against debtor's president was factually distinguishable.
Issue(s)
Was trustee's avoidance proceeding barred by res judicata due to earlier proceeding against debtor's president?
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Court
: