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northern district of california

In re Dick Cepek Inc.

Mar
21
2006
Ruling
Disgorgement order was vacated, and case was remanded to determine if law firm had a security interest in its retainer such that it would not be subject to disgorgement following conversion of a case to chapter 7 for distribution among unsecured administr
Procedural posture

With court approval, a bankruptcy debtor paid a retainer to appellant law firm for representation in chapter 11 proceedings, and appellee bankruptcy trustee sought disgorgement of the retainer under 11 U.S.C. § 726(b) after the case was converted to chapter 7. The law firm appealed the order of the Bankruptcy Court for the Central District of California which required disgorgement.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 21, 2006 , LexisNexis #0406-133
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Campbell v. Verizon Wireless S-CA (In re Campbell)

Dec
14
2005
Ruling
Debtors'objections to four proofs of claim were rejected since debtors did not contest their liability and since lack of documentation was not sufficient grounds for disallowing the proofs of claim.
Procedural posture

Appellant chapter 13 debtors objected to four proofs of claim. The bankruptcy court sua sponte held prove-up hearings and overruled the objections made under 11 U.S.C. § 502(b)(1) that the proofs of claim lacked required documentation. The debtors appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 14, 2005 , LexisNexis #0106-114
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Kendall v. Turner (In re Turner)

Dec
05
2005
Ruling
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
Procedural posture

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.

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opinion summary, case decided on December 05, 2005 , LexisNexis #0106-059
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Kendall v. Turner (In re Turner)

Dec
05
2005
Ruling
Debtor was denied discharge due to the debtor's efforts to defraud creditors by concealing retained interest in the debtor's home.
Procedural posture

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.

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opinion summary, case decided on December 05, 2005 , LexisNexis #0106-061
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In re White

Nov
23
2005
Ruling
Two judicial liens were avoided since the court calculated the debtor's interest in joint property as the debtor's partial interest rather than as the value of the entire property and since the amount of the impairment of the debtor's exemption exceeded t
Procedural posture

Debtor moved to avoid liens pursuant to 11 U.S.C. § 523. The issue before the court was one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question was whether the language "the debtor's interest in the property" required that computations with respect to jointly owned property be based upon only the debtor's share rather than the value of the entire property.

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opinion summary, case decided on November 23, 2005 , LexisNexis #0306-050
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