Wolff v. Johnson (In re Johnson)
May
01
2006
Ruling
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
Procedural posture
Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
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- 11 U.S.C.
In re Castaneda
Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture
The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Montoya
Apr
12
2006
Ruling
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
Procedural posture
Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.
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Court
:
- 11 U.S.C.
Quinn v. Barry (In re Barry)
Apr
11
2006
Ruling
Sexual harassment judgment was nondischargeable.
Procedural posture
Plaintiff by her adversary complaint sought nondischargeability, pursuant to 11 U.S.C. § 523(a)(6), of a debt created by a state court verdict and judgment of sexual harassment entered in 2001 against defendant. This adversary proceeding was before the court on remand from the Ninth Circuit after review of a district court order reversing summary judgment ruling in favor of plaintiff.
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Court
:
- 11 U.S.C.
Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)
Apr
04
2006
Ruling
Portion of transfers were deemed preferential while portion fell under new value defense.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.
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Court
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Comcast of L.A. Inc. v. Sandoval (In re Sandoval)
Mar
31
2006
Ruling
Claim for statutory damages from debtor's alleged theft of cable services was deemed dischargeable debt.
Procedural posture
Plaintiff creditor, a cable television provider, sought a determination that its claim for statutory damages resulting from defendant debtor's alleged violations of anti-piracy and anti- signal theft laws under Cal. Penal Code § 593d was a nondischargeable debt under 11 U.S.C. § 523. The matter was before the court for decision following trial for the creditor to make a prima facie case that the debt was owing and that it was nondischargeable.
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Court
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In re Kanakaris
Mar
23
2006
Ruling
Postpetition accrual of interest on creditor's liens was authorized since the debtor's homestead exemption was fully protected under section 522(f).
Procedural posture
A judgment creditor's liens against a bankruptcy debtor's property were not entirely avoidable, and the debtor argued that the creditor was not entitled to postpetition interest on those liens. The creditor sought an order authorizing the accrual of interest on the liens.
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Court
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In re Dick Cepek Inc.
Mar
21
2006
Ruling
Disgorgement order was vacated, and case was remanded to determine if law firm had a security interest in its retainer such that it would not be subject to disgorgement following conversion of a case to chapter 7 for distribution among unsecured administr
Procedural posture
With court approval, a bankruptcy debtor paid a retainer to appellant law firm for representation in chapter 11 proceedings, and appellee bankruptcy trustee sought disgorgement of the retainer under 11 U.S.C. § 726(b) after the case was converted to chapter 7. The law firm appealed the order of the Bankruptcy Court for the Central District of California which required disgorgement.
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- 11 U.S.C.
Geyer v. United States Dept of Educ. (In re Geyer)
Mar
10
2006
Ruling
Debtors were denied discharge of student loan debt since they did not establish undue hardship.
Procedural posture
In a chapter 7 bankruptcy case, debtors, a husband and wife, filed against defendant, the U.S. Department of Education ("DOE"), an adversary complaint seeking to discharge the wife's student loans pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court granted DOE summary judgment. Debtors appealed.
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Court
:
- FRBP
Flinn v. Rains (In re Rains)
Mar
03
2006
Ruling
Trustee was granted an order appointing the trustee to act on the judgment debtor's behalf to withdraw funds from the debtor's retirement plan since the debtor did not already deliver the amount to the trustee as ordered.
Procedural posture
Plaintiff, the chapter 7 trustee, moved for an order appointing him to act on behalf of defendant judgment debtor to withdraw $250,000 from an Employee Retirement Income Security Act ("ERISA")-qualified pension plan as an exercise of the court's authority to appoint a person to perform an act on behalf of a disobedient party pursuant to Fed. R. Civ. P. 70 and Fed. R. Bankr. P. 7070.
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Court
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