In re Johnson
Mar
18
2008
Ruling
Case dismissed for fraud due to debtor's failure to schedule large claim.
Procedural posture
After the court found, in a related adversary proceeding, that debtor, a husband who was later divorced from his wife, with whom he had filed a bankruptcy, had obtained confirmation of a chapter 13 plan through a fraud on the court and vacated the confirmation order, it issued an order to show cause why the husband's case should not be dismissed with prejudice on account thereof.
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Court
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In re McKinney
Mar
03
2008
Ruling
Trustee not allowed maximum compensation where substantially disporportionate to value of serviced performed.
Procedural posture
A debtor objected to the chapter 7 trustee's application for the maximum compensation permitted under 11 U.S.C.S. § 326(a) on the ground that the fees were disproportionate to the work required.
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Court
:
- 11 U.S.C.
Ghomeshi v. Sabban (In re Sabban)
Feb
20
2008
Ruling
State court penalty based on debtor's violation of home improvement contractor licensing statute was nondischargeable although award of damages in the nature of disgorgement was not.
Procedural posture
Appellant creditor sought review of an order of the United States Bankruptcy Court for the Central District of California, that determined that an award of $ 123,500 under a state court judgment based on Cal. Bus. & Prof. Code §§ 7031 and 7160 was dischargeable. The debtor was a contractor who had falsely represented to the creditor that he was licensed. The issue was whether the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Valley Health Sys.
Feb
20
2008
Ruling
Health care district was eligible under chapter 9 despite failure to negotiate plan of adjustment which would have been impracticable.
Procedural posture
Debtor, a California health care district, filed a petition under chapter 9 of the Bankruptcy Code. A bank that held bonds issued by the district filed an objection to the district's petition, claiming that the district was ineligible for relief under chapter 9, and two unions also filed an objection which asked that the court reject any premise that the bankruptcy resulted from the district's obligations to its employees.
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Court
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In re Rodrigues
Feb
11
2008
Ruling
Inclusion of mortgage payments on property intended for surrender in means test calculation is not grounds for abuse dismissal.
Procedural posture
Movant, the U.S. Trustee, sought dismissal of a chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) as presumptively abusive under § 707(b)(2) and as an abuse under the totality of circumstances per § 707(b)(3). At issue was whether, under the test for presumptive abuse, debtors' mortgage obligations on the date of filing were to be included in the "means test calculation" even though debtors intended to surrender the home to the lienholders.
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Court
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Lavie v. Ran
Feb
06
2008
Ruling
Bankruptcy court erred in failing to review facts rebutting presumption of debtor's center of main interest in denying chapter 15 recognition.
Procedural posture
Appellant bankruptcy trustee of an Israeli bankruptcy sought judicial review of the bankruptcy court's determination that a debtor's Israeli bankruptcy proceeding was neither a foreign main nor a foreign nonmain proceeding, thereby denying chapter 15 of the Bankruptcy Code recognition of the proceeding.
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Court
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Church at San Francisco Where Jesus is Lord v. Winston (In re Church at San Francisco Where Jesus is Lord)
Feb
05
2008
Ruling
Bankruptcy court lacked subject matter jurisdiction over post-dismissal adversay proceeding concerning postpetition conduct of third parties.
Procedural posture
After debtor's voluntary chapter 11 proceeding was dismissed on the request of the parties, debtor filed an adversary proceeding against certain persons who were involved with property that was a part of the bankruptcy estate. At issue was whether the court had subject matter jurisdiction per 11 U.S.C.S. § 1334(b) over the adversary complaint and whether it ought to grant debtor's ex parte application for a temporary restraining order (TRO).
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Court
:
- FRBP
Keenan v. Pyle (In re Keenan)
Jan
30
2008
Ruling
Debtors and attorney sanctioned for filing over 60 unsupported appellate proceedings against trustee and counsel.
Procedural posture
Appellant debtors challenged the Bankruptcy Court for the Southern District of California's award of sanctions against them.
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Court
:
- 11 U.S.C.
Hupp v. Educational Credit Mgmt. Corp. (In re Hupp)
Jan
18
2008
Ruling
Denial of summary judgment in student loan dischargeability proceeding was not appropriate for interlocutory appeal.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the Southern District of California, inter alia, denied the debtor's summary judgment motion focused on constitutional issues. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
In re Mitchell
Jan
18
2008
Ruling
Real estate brokerage firm could be retained to market estate commercial property despite principal's conections with bank holding deed of trust.
Procedural posture
The chapter 7 Trustee applied to hire a real estate brokerage firm to market estate commercial real property. The United States Trustee objected, arguing that the firm was disqualified from acting for the estate because one of its principals owned stock in the parent company of the bank which held the first deed of trust on the property and also sat on the board of directors of that company. This connection was disclosed in the application.
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Court
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