Sep
05
2023
Preciado, In re--Royal Inv. Props., LLC v. Preciado
Ruling:
Claim for rent by the buyer of the debtor's home at a foreclosure sale was non-dischargeableas the debtor's actions were willful and malicious and debtor failed to establish just cause orexcuse for her injurious actions. (Bankr. S.D. Cal.)
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Commercial case opionion summary, case decided on September 05,2023, LexisNexis #1023-087
Jun
01
2023
Vulaj, In re
Ruling:
For judgment debt based on fraudulent transfer to debtor’s wife to be held nondischargeable, creditor former spouse would need to establish the wife’s fraudulent intent as the state court did not impute debtor's fraud to the wife. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on June 01,2023, LexisNexis #0723-084
Dec
08
2021
Boskoski, In re
Ruling:
Chapter 7 debtor was entitled to claim a $600,000 homestead exemption due to statelegislature’s increase in the permissible amount. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on December 08,2021, LexisNexis #0322-058
Apr
27
2021
Bohrer, In re--Carroll v. Bohrer
Ruling:
Award of fees and costs in favor of debtor's ex-wife in state court defamation action wasexcepted from discharge as the award was related to divorce, custody, and visitation. (Bankr.S.D. Cal.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-039
Dec
04
2020
Koeut, In re--Koeut v. United States Dep't of Educ.
Ruling:
Partial discharge of debtor's student loans was ordered, leaving a balance with interest, as hiscurrent income and expenses did not support a minimal standard of living. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on December 04,2020, LexisNexis #0121-084
Jan
07
2020
Anzaldo, In re
Ruling:
Reaffirmation agreement was unenforceable where presumption of undue hardship was notrebutted. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on January 07,2020, LexisNexis #0220-063
Jun
11
2018
Royal, In re
Ruling:
Confirmation of chapter 13 plan was denied where debtor failed to prove that his vehicle wasacquired predominantly for business use. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on June 11,2018, LexisNexis #0818-023
Jun
11
2018
Royal, In re
Ruling:
Confirmation of chapter 13 plan was denied where debtor failed to prove that his vehicle wasacquired predominantly for business use. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on June 11,2018, LexisNexis #0818-023
Oct
10
2017
Faasoa, In re--Faasoa v. Army & Air Force Exchange Serv.
Ruling:
Creditor's motion to dismiss debtor's complaint granted where creditor properly exercised itsnonbankruptcy law setoff rights prepetition when the IRS intercepted debtor's taxoverpayment and applied it to the debt he owed the creditor. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on October 10,2017, LexisNexis #1117-106
Aug
09
2016
In re Catton
Ruling:
Debtor was not entitled to a credit for the default interest he paid to either the bank or asecond lender. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on August 09,2016, LexisNexis #0916-030