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northern district of california

Wong, In re--Tong v. Wong

Ruling
Debtor was not entitled to recover her fees incurred in defending nondischargeability actionas it was collateral to a contract rather than 'on a contract.' (Bnkr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-014

Opperwall, In re--Opperwall v. Bank of Am., N.A.

Ruling
Court recommended an order denying the in forma pauperis application and requiringpayment of the fee as plaintiff can afford to pay the $350 filing fee. (Bankr. D. Haw.)
Issue(s)
Proceedings in forma pauperis.

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Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #0119-029

Malek, In re

Ruling
Trustee's motion to dismiss the debtor's case granted where debtor failed without justification to promptly resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to her creditors. (Bankr. N.D. Cal.)
Issue(s)
Conversion or Dismissal; For Cause; Unreasonable Delay.

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Consumer opinion summary, case decided on September 12, 2018 , LexisNexis #1018-113

Malek, In re

Ruling
Case dismissed as debtor failed to resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to the creditors. (Bankr. N.D. Cal.)
Issue(s)
Conversion or Dismissal; For Cause; Unreasonable Delay.

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Consumer opinion summary, case decided on September 10, 2018 , LexisNexis #1018-112

Caesars Entm't Operating Co., In re--Moti Partners, LLC v. Desert Palace, Inc.

Ruling
Remand order that was based on the grounds set forth in 28 U.S.C. § 1447(c) was not reviewable even if the claims at issue were removed. (B.A.P. 9th Cir.)
Issue(s)
Procedure After Removal Generally; Reviewability on Appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2018 , LexisNexis #1018-059

Cresta Tech. Corp., In re

Ruling
Court granted trustee's motion to enter into an agreement to settle a breach of contract claimand to amend an asset purchase agreement. (Bankr. N.D. Cal.)
Issue(s)
Change of venue; For Convenience of Parties or Witnesses.

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Commercial opinion summary, case decided on May 29, 2018 , LexisNexis #0718-030

Bingham, In re

Ruling
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
Issue(s)
Contents of Plan; Mandatory Provisions; Payment of Priority Claims.

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Consumer opinion summary, case decided on May 01, 2018 , LexisNexis #0618-023

Grover, In re--Turlington v. Grover

Ruling
Court ruled creditor's complaint and amended complaint as timely but determined that debtwas dischargeable where creditor failed to show that debtor's misrepresentation caused himinjury. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 25, 2018 , LexisNexis #0718-012

Morgan, In re--Morgan v. Preferred Fin. Grp., Inc.

Ruling
Debtors' turnover claim for relief was dismissed as whatever the creditor owed to the debtorswas not property of the bankruptcy estate. (Bankr. N.D. Cal.)
Issue(s)
Turnover of Property to the Estate; Payment of Matured Debts to Trustee.

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Consumer opinion summary, case decided on February 06, 2018 , LexisNexis #0318-074

Parker, In re

Ruling
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 30, 2018 , LexisNexis #0318-034