Rollins v. Neilson (In re Cedar Funding Inc.)
Oct
30
2008
Ruling
Bankruptcy court refused to dismiss complaint of investors seeking judicial declaration of an equitable or legal interest in debtor's property.
Procedural posture
Plaintiffs, investors in a second deed of trust created through the debtor on a third party's real property, filed an adversary proceeding requesting a judicial declaration that they had either an equitable or a legal interest in the note and deed of trust securing repayment. Defendant, the chapter 11 trustee, moved to dismiss the complaint, asserting the interest was subject to avoidance as a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
Scientific Weight Loss LLC v. U.S. Med. Care Holdings LLC
Oct
22
2008
Ruling
Filing of amended complaint against debtor trademark owner violated stay.
Procedural posture
Plaintiffs, a franchisee with an allegedly exclusive license and three managing members, sued defendants, a trademark owner and related individuals and entities. Plaintiffs alleged twelve causes of action, including unfair competition, fraud, and breach of contract. Pending before the court were plaintiffs' application for a temporary restraining order (TRO) and plaintiffs' ex parte motion for leave to file a second amended complaint (SAC).
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Court
:
- FRBP
In re Vargas
Oct
22
2008
Ruling
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
Procedural posture
The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.
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Court
:
- 11 U.S.C.
Humphrey-Baker v. United Airlines Inc.
Oct
21
2008
Ruling
Employment discrimination action barred to extent predating debtor employer's plan confirmation.
Procedural posture
Defendant, a former employer of plaintiff employee, filed a motion for summary judgment in the employee's action, which alleged that the employer violated California's Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12940, by discriminating against her based on her physical disability and by failing to offer reasonable accommodations.
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Court
:
Fearing v. Serror (In re Fearing)
Oct
21
2008
Ruling
Debtor's exempt personal injury settlement proceeds could be distributed to satisfy debt secured by tax lien.
Procedural posture
Appellant debtors challenged an order from a bankruptcy court that granted summary judgment in favor of appellee trustee in the trustee's action for declaratory relief. The trustee sought a determination that the debtors were not entitled to the proceeds from a personal injury settlement. The debtors filed a motion to alter and amend that judgment.
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Court
:
In re Serda
Oct
17
2008
Ruling
Second lien on debtor's residence was partially secured based on creditor's appraisal which employed comparable sales of bank owned properties.
Procedural posture
A creditor held a second priority trust deed against a bankruptcy debtor's residence, and the debtor asserted that the value of the residence was less than the amount secured by the first priority trust deed and that the creditor's claim was thus unsecured. The debtor moved to value the residence.
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Court
:
- 11 U.S.C.
Iberg v. Prewett (In re Iberg)
Oct
16
2008
Ruling
Debtors' failure to schedule a truck was not gounds for denial of discharge.
Procedural posture
Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
:
Johnson v. JPMorgan Chase Bank
Oct
03
2008
Ruling
Action based on nondischargeable prepetition claim filed after expiration of stay by creditor who did not receive notice of debtor's bankruptcy allowed to proceed.
Procedural posture
Plaintiff consumer sued defendants, a bank, a debt collector and an individual, alleging various federal and state law claims in connection with the existence and collection of an alleged debt. The individual moved to dismiss the claims brought against him.
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Court
:
- 28 U.S.C.
Lebos v. Schuette
Sep
30
2008
Ruling
District court denied application for certification of appeal of trustee's settlement of civil rights lawsuit.
Procedural posture
Appellee trustee obtained court approval for the sale/compromise of appellant debtor's interest in a civil rights lawsuit. The debtor appealed the order to the court and then submitted an ex parte request to certify the appeal to the U.S. Court of Appeals for the Ninth Circuit under 28 U.S.C.S. § 158(d).
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Court
:
- 11 U.S.C.
ATR-Kim Eng Fin. Corp. v. Bonilla
Sep
25
2008
Ruling
Bankruptcy court properly held debt arising from fiduciary's failure to prevent majority shareholder and director from looting corporation was nondischargeable.
Procedural posture
Appellant chapter 7 debtor challenged a decision of the United States Bankruptcy Court for the Northern District of California, which held that the debt arising from the debtor's breach of fiduciary duties as a Delaware corporate director was nondischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
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