- 11 U.S.C.
Byrd, In re
Jan
17
2025
Ruling
Automatic stay extended in debtors second Chapter 13 case filed within one year given showing of good faith by a preponderance of the evidence. (Bankr. S.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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Aguirre, In re
Jul
15
2024
Ruling
Conversion to Chapter 13 denied as futile where proposed plan failed best interests ofcreditors test and feasibility requirements. (Bankr. S.D. Cal.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Williams, In re--Williams v. Baptist Health
May
30
2024
Ruling
Prepetition lien securing attorneys’ fee award was an avoidable preferential transfer. (Bankr.E.D. Ark.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Rouse, In re--Brown v. Rouse
Dec
14
2023
Ruling
Debtors were entitled to discharge absent evidence of theft, larceny, or embezzlement. (Bankr.W.D. Ark.)
Issue(s)
Discharge.
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- 11 U.S.C.
Preciado, In re--Royal Inv. Props., LLC v. Preciado
Sep
05
2023
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
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.
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Lewis, In re
Feb
04
2022
Ruling
Bankruptcy court granted debtors' motion for sanctions as the creditor's attorney's assertion inthe response was the definition of unwarranted facts supporting a frivolous claim. (Bankr.W.D. Ark.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Lewis, In re--Jewell v. Lewis
Feb
04
2022
Ruling
Creditors' objection to the discharge of state court judgment was denied as the jury findingsdid not provide collateral estoppel effect for individuals. (Bankr. W.D. Ark.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Boskoski, In re
Dec
08
2021
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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Bohrer, In re--Carroll v. Bohrer
Apr
27
2021
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce
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