- 11 U.S.C.
In re Escarcega
Sep
26
2016
Ruling
Plan that would allow debtor’s to modify plan without leave of court could not be confirmed.(Bankr. N.D. Cal.)
Issue(s)
Could plan containing provisions intended to authorize debtors to pay off their plans and obtain a discharge at any time after confirmation without having to go through the plan modification process and without having to pay allowed unsecured claim
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Court
:
- 11 U.S.C.
Labor Comm'r, State of Cal. v. Ramirez (In re Ramirez)
Aug
26
2016
Ruling
Unpaid wage claim was nondischargeable due to debtor’s deceitful conduct. (Bankr. N.D. Cal.)
Issue(s)
Was claim based on debtor contractor’s failure to pay wages a dischargeable breach of contract claim?
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:
- 11 U.S.C.
Lee v. Bois (In re Bois)
Aug
22
2016
Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?
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Court
:
- 11 U.S.C.
Marr Sanchez & Assocs. v. Hernandez (In re Hernandez)
Aug
16
2016
Ruling
In rem relief denied to creditor that was not secured. (Bankr. N.D. Cal.)
Issue(s)
Was creditor entitled in in rem relief from the automatic stay?
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:
- 11 U.S.C.
In re KVN Corp.
Jul
05
2016
Ruling
Fees of chapter 7 trustee and her counsel fees allowed, but in a reduced amount.
Issue(s)
Should fees of chapter 7 trustee and counsel be allowed?
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Court
:
- 11 U.S.C.
Starboard Commer. Brokerage Inc. v. Yates (In re Yates)
Jun
24
2016
Ruling
Claim for real estate commission disallowed on debtor’s objection.
Issue(s)
Whether a commission allegedly owed to creditor listing agent should be allowed?
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:
- 11 U.S.C.
In re Innocenti LLC
Jun
20
2016
Ruling
Mother who could not show ownership of son’s LLC could not obtain dismissal of LLC's case.
Issue(s)
Was debtor the sole member of an LLC on the date of the order of relief in an involuntary case so that the LLC was property of the estate?
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Court
:
- 11 U.S.C.
Lee v. Bois (In re Bois)
Jun
09
2016
Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?
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Court
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In re Gifford
May
25
2016
Ruling
Judicial liens avoided to the extent impairing debtor’s one-half interest in residence. (Bankr. N.D. Cal.)OVERVIEW
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Dove v. McOmber (In re Dove)
May
17
2016
Ruling
Debtor's attorney's misrepresentation that debt to former spouse would be discharged was grounds for emotional distress damages.
Issue(s)
Should debtor be awarded damages for attorney's misrepresentation that debt to former spouse would be discharged in debtor's chapter 7 case?
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Court
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