Northern District

Stickrath v. Globalstar Inc.

Plaintiff consumer sued defendant corporation under Cal. Bus. & Prof. Code § 17200 et seq., and Cal. Civ. Code § 1750 et seq., and alleged that its failure to disclose known defects in its service prevented him from using the service as intended. The consumer sought to represent a nationwide class of individuals who purchased a satellite telephone from the corporation between April 2003 and 2007. The corporation moved for summary judgment.
Ruling: 
Claims reasonably within consumer's contemplation prior to debtor corporation's discharge order were discharged.
ABI Membership is required to access the full summary of Stickrath v. Globalstar 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 December 22,2008, LexisNexis #0209-022

In re Mitchell

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A county agency filed an amended proof of claim asserting that its claim was a priority tax claim under 11 U.S.C.S. § 507(a)(8), and the debtor filed an objection to the amended proof of claim.
Ruling: 
County fee that was not designated as a tax was not entitled to priority treatment.
ABI Membership is required to access the full summary of In re Mitchell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 17,2008, LexisNexis #0109-010

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

Plaintiffs, investors in a second deed of trust created through the debtor on a third party's real property, filed an adversary proceeding requesting a judicial declaration that they had either an equitable or a legal interest in the note and deed of trust securing repayment. Defendant, the chapter 11 trustee, moved to dismiss the complaint, asserting the interest was subject to avoidance as a preferential transfer under 11 U.S.C.S. § 547(b).
Ruling: 
Bankruptcy court refused to dismiss complaint of investors seeking judicial declaration of an equitable or legal interest in debtor's property.
ABI Membership is required to access the full summary of Rollins v. Neilson (In re Cedar Funding 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 October 30,2008, LexisNexis #0209-120

ATR-Kim Eng Fin. Corp. v. Bonilla

Appellant chapter 7 debtor challenged a decision of the United States Bankruptcy Court for the Northern District of California, which held that the debt arising from the debtor's breach of fiduciary duties as a Delaware corporate director was nondischargeable under 11 U.S.C.S. § 523(a)(4).
Ruling: 
Bankruptcy court properly held debt arising from fiduciary's failure to prevent majority shareholder and director from looting corporation was nondischargeable.
ABI Membership is required to access the full summary of ATR-Kim Eng Fin. Corp. v. Bonilla. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1108-043

In re Greg James Ventures LLC

A creditor filed an objection to confirmation of the debtor's proposed chapter 11 plan.
Ruling: 
Chapter 11 plan with ten year term confirmed as reasonable over creditor's objection.
ABI Membership is required to access the full summary of In re Greg James Ventures LLC. 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 September 24,2008, LexisNexis #1208-048

In re Brooks-Hamilton

Upon remand from the U.S. Court of Appeals from the Ninth Circuit, the court reconsidered its order suspending an attorney for his conduct in a bankruptcy case.
Ruling: 
Bankruptcy court reaffirmed six month suspension of attorney for misconduct on remand.
ABI Membership is required to access the full summary of In re Brooks-Hamilton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 02,2008, LexisNexis #1108-068

In re Harter

The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(3) alleging bad faith and that the totality of the circumstances demonstrated abuse. The UST contended that the debtor showed an abusive spending pattern before the filing. Her "totality of the circumstances" argument was based primarily on her belief that the debtor could afford to pay his debts.
Ruling: 
Trips to Europe and "luxurious" automobile did not give rise to "extravagant lifestyle" that would require bad faith dismissal.
ABI Membership is required to access the full summary of In re Harter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-121

In re Ryder

A debtor was ordered to file an Official Bankr. Form 22C, "Statement of Current Monthly Income and Means Test Calculation," a request for an extension of time, or a written request for an order excusing the filing of the form or to have her chapter 7 case dismissed for failure to file the required documents.
Ruling: 
Debtor in chapter 13 case converted to chapter 7 not required to file Form 22A to avoid dismissal.
ABI Membership is required to access the full summary of In re Ryder. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-120

In re Kirwan-Gadsby

A creditor objected to the fees requested by the chapter 7 debtor's counsel.
Ruling: 
Fees in converted chapter 7 case approved over objection where original chapter 11 filing had reasonable chance for success.
ABI Membership is required to access the full summary of In re Kirwan-Gadsby. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 11,2008, LexisNexis #0908-109

In re Gunn

Movant creditor filed motion for relief from the automatic stay under 11 U.S.C.S. § 362(a)(7) so that it could exercise its state law right to offset commissions owed to respondent debtor against the creditor's pre-petition claim.
Ruling: 
Relief from stay denied as creditor could not offset postpetition obligation to debtor against debtor's prepetition debt.
ABI Membership is required to access the full summary of In re Gunn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 11,2008, LexisNexis #0908-114

Pages

Subscribe to Northern District