In re Little Rest Twelve Inc.
Mar
13
2015
Ruling
Individual sanctioned for filing unauthorized chapter 7 petition on behalf of corporate debtor.
Issue(s)
Were sanctions appropriate against individual who filed chapter 7 case on behalf of debtor corporation in bad faith?
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Court
:
- 11 U.S.C.
In re Ausburn
Feb
10
2015
Ruling
Mortgage lender violated by completing foreclosure process that had started prior to petition date after the petition date.
Issue(s)
Did postpetition sale violate stay where debtor's right of redemption expired prior to the petition date?
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Court
:
- 11 U.S.C.
Sullivan v. Harnisch (In re Sullivan)
Dec
22
2014
Ruling
Bankruptcy court erred in dismissing case without first determining whether conversion or dismissal was in the best interests of creditors and the estate.
Issue(s)
Should case be dismissed as a two-party dispute improperly filed solely to delay collection efforts?
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Court
:
Judge or Jurisdiction information not available
In re Arellano
Sep
26
2014
Ruling
State law exemption of omitted assets allowed over trustee's bad faith objection.
Issue(s)
Whether a court should sustain a chapter 7 trustee's objection to a debtor's newly claimed exemption of omitted assets under Cal. Code Civ. Proc. § 703.140(b) on the basis of debtor's alleged bad faith.
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Court
:
- 11 U.S.C.
In re Rogers
Sep
22
2014
Ruling
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
Issue(s)
Where chapter 13 case was dismissed prior to confirmation, could debtor's attorneys' fees be paid directly by trustee from preconfirmation monthly payments on hand or were the attorneys required to file a fee application?
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Court
:
- 11 U.S.C.
Vargas v. Guinn (In re Guinn)
Aug
21
2014
Ruling
Debt was nondischargeable based on fiduciary defalcation.
Issue(s)
Was judgment for breach of contract nondischargeable based on misrepresentations and fiduciary defalcation by debtor?
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Court
:
- 11 U.S.C.
Mahoney v. Bank of Am.
May
27
2014
Ruling
Debtor mortgagors had standing to pursue negligent loan administration claim against loan servicers.
Issue(s)
Did debtor borrowers have standing to pursue claims for breach of contract, declaratory relief, negligent loan administration, injunctive relief and specific performance against loan servicer?
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Court
:
- 11 U.S.C.
Daecharkhom v. Waugh Real Estate Holdings LLC (In re Daecharkhom)
Feb
18
2014
Ruling
Bankruptcy court abused discretion by reducing award of reasonable fees due to "special circumstances."
Issue(s)
Did bankruptcy court err in awarding reasonable fees to debtor's attorneys for successful defense of nondischargeability proceeding but reducing the award due to "special circumstances?"
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Court
:
Judge or Jurisdiction information not available
In re SR Real Estate Holdings LLC
Feb
16
2014
Ruling
Single asset real estate debtor's case dismissed due to bad faith.
Issue(s)
Should a single asset real estate debtor's case be dismissed as filed in bad faith to hinder and delay first lienholders?
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Court
:
- 11 U.S.C.
Lupian v. Central Valley Residential Builders LP
Feb
05
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
: