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Royal, In re

Jun
11
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on June 11, 2018 , LexisNexis #0818-023
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Royal, In re

Jun
11
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on June 11, 2018 , LexisNexis #0818-023
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In re Beckman

Sep
08
2015
Ruling
Chapter 13 trustee required to pay all accumulated funds to debtor upon conversion to chapter 7.
Issue(s)
Whether the Harris v. Viegelahn holding applies where the debtor converted her case from chapter 13 to chapter 7 prior to plan confirmation?

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Consumer opinion summary, case decided on September 08, 2015 , LexisNexis #1015-028
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Kismet Acquisition LLC v. Icenhower (In re Icenhower)

Mar
10
2009
Ruling
Attorneys for transferees of debtor sanctioned for role in clients'bad faith conduct.
Procedural posture

The bankruptcy court had awarded compensatory damages for contempt against defendant transferees. Because of evidence adduced at the contempt hearing, the court issued a sua sponte expanded order to show cause, ordering certain of the transferees'attorneys to show cause why they should not be held jointly and severally liable for the contempt sanctions. The court held evidentiary hearings on the expanded show cause order.

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Consumer opinion summary, case decided on March 10, 2009 , LexisNexis #0709-025
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In re Pereira

Aug
25
2008
Ruling
Issue of stripping creditor's allegedly wholly unsecured lien had to be handled prior to or during confirmation proceeding.
Procedural posture

The debtors proposed a chapter 13 plan of reorganization that provided for the filing of an adversary proceeding to avoid the allegedly wholly unsecured second trust deed of a bank pursuant to 11 U.S.C.S. § 1322(b)(2). The chapter 13 trustee objected to that provision, arguing that he could not administer the plan until he knew whether the bank was to be treated as a secured or unsecured creditor.

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Consumer opinion summary, case decided on August 25, 2008 , LexisNexis #1208-052
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In re Roman Catholic Bishop of San Diego

Aug
24
2007
Ruling
Actions alleging sexual abuse by clergy of debtor diocese remanded to state court.
Procedural posture

Plaintiffs in 42 of the approximately 127 removed child sexual abuse adversary proceedings against defendant chapter 11 debtor filed motions to remand the proceedings to state court pursuant to 28 U.S.C. § 1452(b).

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Commercial opinion summary, case decided on August 24, 2007 , LexisNexis #1007-058
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In re Quevedo

Jun
15
2006
Ruling
Creditor's objection to having only secured portion of claim paid was overruled since section 1325(a)'s hanging paragraph only protected purchase money security interests.
Procedural posture

Creditor had a non-purchase money lien on debtor's vehicle. Debtor's chapter 13 plan proposed to pay the secured portion of the creditor's claim in full. The unsecured portion would not be paid. The creditor objected. The issue before the court was one of first impression: whether the creditor's non-purchase money secured claim should be classified as a fully secured claim under the "hanging paragraph"in amended 11 U.S.C. § 1325(a)

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opinion summary, case decided on June 15, 2006 , LexisNexis #0706-117
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In re Castaneda

Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture

The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).

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opinion summary, case decided on April 28, 2006 , LexisNexis #0606-041
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In re Montoya

Apr
12
2006
Ruling
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
Procedural posture

Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.

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opinion summary, case decided on April 12, 2006 , LexisNexis #0506-109
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