Skip to main content

Page Banner(Taxonomy)

judge mann

Vulaj, In re

Jun
01
2023
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

ABI Membership is required to access the full summary of Vulaj, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 01, 2023 , LexisNexis #0723-084
LexisNexis Article
Learn More

Anzaldo, In re

Jan
07
2020
Ruling
Reaffirmation agreement was unenforceable where presumption of undue hardship was notrebutted. (Bankr. S.D. Cal.)
Issue(s)
Effect of Discharge; Presumption of Undue Hardship.

ABI Membership is required to access the full summary of Anzaldo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 07, 2020 , LexisNexis #0220-063
LexisNexis Article
Learn More

In re Mast

Nov
17
2015
Ruling
Where creditors were paid early modification was not appropriate but the chapter 13 plan was to be read as providing for a 60-month length and 100 percent return.
Issue(s)
Where chapter 13 plan's proposed distribution was paid early could the plan be modified to increase the percentage return to 100 percent and the plan term to 60 months?

ABI Membership is required to access the full summary of In re Mast Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 17, 2015 , LexisNexis #0116-030
LexisNexis Article
Learn More

Gonzales v. Smith (In re Smith)

Jun
19
2012
Ruling
Prepetition judgment for injuries caused in physical attack by debtor was nondischargeable.
Procedural posture

Plaintiff judgment creditors filed a complaint against defendant chapter 7 debtor, their former son-in-law, to determine the nondischargeability of his debts to them under 11 U.S.C.S. § 523(a)(6). Before trial, the court granted summary adjudication as to the amount of the damages, leaving intent as the only issue to be tried.

ABI Membership is required to access the full summary of Gonzales v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 19, 2012 , LexisNexis #0912-012
LexisNexis Article
Learn More

U.S. Bank v. Skelton (In re Salazar)

Apr
12
2011
Ruling
Relief from stay to obtain possession of foreclosed property denied given evidence that foreclosure was invalid.
Procedural posture

Movant bank non-judicially foreclosed on the residence of a bankruptcy debtor and brought an action in state court to obtain possession of the residence, but the debtor asserted that the foreclosure was invalid. The bank moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d) to allow the state-court action to proceed.

ABI Membership is required to access the full summary of U.S. Bank v. Skelton (In re Salazar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 12, 2011 , LexisNexis #0511-005
LexisNexis Article
Learn More
Subscribe to %1