- 11 U.S.C.
Brady v. Bestworth-Rommel Inc. (In re Johnson)
Nov
25
2006
Ruling
Creditor who released lien on land owned by corporation of which debtor was a shareholder in exchange for transfer by debtor was a subsequent transferee and transfer was not avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor pursuant to 11 U.S.C. § 548(a)(2) and to recover the amount of the transfer pursuant to 11 U.S.C. § 550(a) or (b).
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Court
:
- 11 U.S.C.
In re Resto-Perez
Nov
20
2006
Ruling
Automatic stay continued where debtors'second chapter 13 case was filed in good faith, met payment requirements and circumstances had changed in debtors'favor.
Procedural posture
The chapter 13 debtors filed a motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3).
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Court
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Scott v. Scott (In re Scott)
Nov
16
2006
Ruling
Discharge denied on objection from debtor's creditor brother due to debtor's conversion of assets to cash which constituted concealment and failure to account for funds.
Procedural posture
Plaintiff brother objected to the discharge of defendant debtor, pursuant to 11 U.S.C. § 727(a)(5) and (2)(A).
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Court
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In re Thomas
Nov
13
2006
Ruling
Denial of parking permit and vehicle registration due to unpaid prepetition parking citations was within police powers exception to stay.
Procedural posture
Appellant, a chapter 13 debtor, sought review of an order from the bankruptcy court denying his motion for damages against appellees, a City's department of parking and traffic, the California Department of Motor Vehicles ("DMV"), and the California Franchise Tax Board ("FTB"), for alleged violations of the automatic stay under 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
In re Pora
Oct
17
2006
Ruling
Plan confirmation denied due to discrimination between student loan creditor and other unsecured creditors.
Procedural posture
A bankruptcy debtor proposed a plan which provided a minimal dividend to unsecured creditors but treated student loan debt as long-term debt under 11 U.S.C. § 1322(b)(5), which received a substantially greater dividend. The trustee objected to confirmation of the plan on the ground that it discriminated between unsecured creditors in violation of section 1322(b)(1).
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Court
:
- 11 U.S.C.
In re Legacy Estate Group LLC
Oct
09
2006
Ruling
Conversion to chapter 7 denied where confirmation of plan was likely and would result in possible full dividend to creditors.
Procedural posture
A creditor filed a motion, pursuant to 11 U.S.C. § 1112(b)(1), to convert a debtor's chapter 11 bankruptcy case to chapter 7, which motion was opposed by all the other constituencies.
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Court
:
Tranche 1 (SVP-AMC) Inc. v. Relito Tan (In re Relito Tan)
Oct
03
2006
Ruling
Denial of discharge granted on remand after evidentiary hearing established debtor's fraud.
Procedural posture
Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtor, seeking denial of the debtor's bankruptcy discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4)(A). The Ninth Circuit reversed the grant of summary judgment to the bank, concluding that an evidentiary hearing was required with respect to the debtor's intent. On remand, the bankruptcy court held a hearing.
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Court
:
- 11 U.S.C.
Para v. Para (In re Para)
Sep
26
2006
Ruling
Debt to former spouse discharged where former spouse had paid country club dues rather than support payments owed to debtor.
Procedural posture
Plaintiff former spouse brought an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 523(a)(15), seeking a judgment of nondischargeability as to two obligations imposed on the debtor in a divorce proceeding. The parties filed cross-motions for summary judgment with respect to this claim. The court held a hearing on the motions.
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Court
:
- 11 U.S.C.
Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton)
Aug
25
2006
Ruling
Postpetition recording of deeds from debtor to prepetition irrevocable trust was avoidable.
Procedural posture
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.
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:
Doolittle v. County of Santa Cruz (In re Metzger)
Aug
02
2006
Ruling
Sale order issued without proper notice to county did not strip county of its interest.
Procedural posture
Plaintiff property owner sued defendants, a county, debtor, a development company, et al. The county and the State of California cross-complained. The owner sought a declaration that a 1992 Sale Order divested the property of the county's interest. The county sought a declaration that the Sale Order did not divest the property of its interest and an order remanding the matter to state court. Pending were cross-motions for summary judgment.
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Court
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