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northern district of california

Rodriguez, In re

Ruling
Creditor's failure to stop its post-petition levy against debtor's bank accounts constituted awillful violation of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 13, 2019 , LexisNexis #0719-077

Yellow Cab Coop., In re

Ruling
Trustee's claims against debtor's former accountant were subject to the in pari delicto defenseas § 541(a)(1) established that the estate's rights were no stronger than they were when actuallyheld by debtor. (Bankr. N.D. Cal.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Commercial opinion summary, case decided on April 29, 2019 , LexisNexis #0719-017

Parker, In re

Ruling
Debtor was awarded reduced attorney's fees and costs for damages caused by creditor'sviolations of the automatic stay. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 11, 2019 , LexisNexis #0619-055

Tsai Luan Ho, In re--Wirum v. Tsai Luan Ho

Ruling
Debtor's discharge was denied for failing to maintain adequate financial records from whichher financial condition could be determined. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Consumer opinion summary, case decided on April 01, 2019 , LexisNexis #0619-043

Longmire, In re

Ruling
Motions for summary judgment denied as facts did not show that creditor reasonably reliedon debtor's misrepresentations. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 28, 2019 , LexisNexis #0519-083

Dong Xing Fu, In re

Ruling
Court’s decision in favor of debtor on motion for denial of discharge vacated due to plaintiff’slack of standing. (Bankr. N.D. Cal.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 26, 2019 , LexisNexis #0519-090

Wettersten, In re--Ditto v. Wettersten

Ruling
Debtor was entitled to summary judgment on plaintiff's claim that his personal injury actionagainst debtor was nondischargeable where plaintiff did not timely respond to the debtor'srequests for admission. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on February 19, 2019 , LexisNexis #0419-015

Morazan-Aviles, In re--Morazan v. Morazan-Aviles

Ruling
Judgment was entered for debtor as it was not established that she embezzled settlement funds from her parents. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on January 07, 2019 , LexisNexis #0219-032

Bartenwerfer, In re--Buckley v. Bartenwerfer

Ruling
Court rendered judgment in favor of debtor wife where creditor failed to prove debtor wifeknew of but ignored facts that should have prompted her to investigate the representations setforth in the real estate transfer disclosure statement. (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 January 04, 2019 , LexisNexis #0219-009

Aviles, In re

Ruling
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on November 30, 2018 , LexisNexis #0119-036