Title

Jurisdiction

Decided date

Filing type

11 U.S.C.
- § 521

Lupian v. Central Valley Residential Builders LP

Feb

2014

Ruling

Debtor's wage and hour claim survived summary judgment where debtor had reopened the case to add the claim and the trustee had been substituted as plaintiff.

Issue(s)

Was debtor judicially estopped from bringing a wage and hour case because she failed to disclose her claim when she filed for bankruptcy?

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Court :

Southern District of California ( Judge Burns ) [ District Court ]

Consumer opinion summary, case decided on February 05, 2014 , LexisNexis #0714-046

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11 U.S.C.
- § 365
- § 365(o)

Imperial Capital Bancorp Inc. v. FDIC

Oct

2011

Ruling

Motion to withdraw reference of capital maintenance dispute involving allowance of claims against estate denied.

Procedural posture

Defendant, the receiver for a bank previously held by a Chapter 11 debtor, filed a motion to withdraw the reference of two disputes from the court.

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Court :

Southern District of California ( Judge Burns ) [ District Court ]

Commercial opinion summary, case decided on October 14, 2011 , LexisNexis #1111-006

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11 U.S.C.

Marcotte v. Brazos Educ. Serv. Corp. (In re Marcotte)

Apr

2011

Ruling

Debtor with pain issues from auto accident entitled to discharge of student loan debt.

Procedural posture

Debtor sought discharge of a student loan pursuant to 11 U.S.C.S. § 523(a)(8). Defendant lender contested the dischargeability of the debt.

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Court :

District of South Carolina ( Judge Burns ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on April 20, 2011 , LexisNexis #0511-081

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11 U.S.C.
- § 523
- § 523(a)

Islinger v. Hillisheim

Apr

2011

Ruling

State court default judgment in breach of contract case did not establish nondischargeability.

Procedural posture

Homeowners sued debtor, the owner of a construction company retained to build plaintiffs' new home, for a judgment that a debt arising by reason of a breach of the parties' construction contract was nondischargeable under 11 U.S.C.S. § 523(a)(2) and /or § 523(a)(4). That obligation was represented by a state court default judgment for $723,475 in damages. Debtor also failed to defend the adversary proceeding.

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Court :

District of New Jersey ( Judge Burns ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on April 06, 2011 , LexisNexis #0511-075

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11 U.S.C.
- § 362
- § 362(d)

In re BI-LO LLC

Aug

2010

Ruling

Relief from stay to allow trustee in one debtor's case to pursue claims against related debtor with confirmed plan denied except as to equitable subordination.

Procedural posture

A liquidating trustee in a separate bankruptcy case moved for relief from the automatic bankruptcy stay in debtors' bankruptcy case for cause under 11 U.S.C.S. § 362(d) to allow the trustee to liquidate claims against the debtors in the trustee's case rather than the debtors' case.

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Court :

District of South Carolina ( Judge Burns ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on August 13, 2010 , LexisNexis #0910-008

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11 U.S.C.
- § 707
- § 707(b)

In re Fox

Jun

2007

Ruling

Filing of form B22A not required upon conversion from chapter 13 to chapter 7.

Procedural posture

After filing a chapter 13 bankruptcy, debtor converted the proceeding to a liquidation under chapter 7 and moved the court for a ruling that "means testing" required by 11 U.S.C. § 707(b) did not apply to cases converted from chapter 13 to chapter 7 and that she therefore was not required to file Official Bankr. Form B22A. The U.S. Trustee participated in the matter and opposed debtor's position.

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Court :

District of New Jersey ( Judge Burns ) [ Bankruptcy Court ]

opinion summary, case decided on June 01, 2007 , LexisNexis #0807-015

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11 U.S.C.

Geyer v. United States Dept of Educ. (In re Geyer)

Mar

2006

Ruling

Debtors were denied discharge of student loan debt since they did not establish undue hardship.

Procedural posture

In a chapter 7 bankruptcy case, debtors, a husband and wife, filed against defendant, the U.S. Department of Education ("DOE"), an adversary complaint seeking to discharge the wife's student loans pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court granted DOE summary judgment. Debtors appealed.

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Court :

Southern District of California ( Judge Burns ) [ District Court ]

opinion summary, case decided on March 10, 2006 , LexisNexis #0706-060

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