Skip to main content

Page Banner(Taxonomy)

District of california

Johnson, In re

Ruling
Motion to dismiss granted as complaint alleging malicious prosecution and defamation, failedto allege that debtors caused, or that the creditor suffered physical or bodily injury. (Bankr.E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-039

Hodel, In re--Erickson v. McCaw

Ruling
Trustee failed to prove that debtor received less than equivalent value for a portion of thealleged fraudulent transfer. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.

ABI Membership is required to access the full summary of Hodel, In re--Erickson v. McCaw Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-089

Ponte, In re

Ruling
Debtor's inherited IRA did not qualify for exemption as debtor was unable to make anycontributions to the IRA. (Bankr. N.D. Cal.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

ABI Membership is required to access the full summary of Ponte, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-082

Goland, In re

Ruling
Motion to reopen case to challenge judgment in an adversary proceeding denied.(Bankr. C.D. Cal.)
Issue(s)
Relief From Judgment or Order.

ABI Membership is required to access the full summary of Goland, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 29, 2024 , LexisNexis #0324-100

Gray, In re--Wingenbach v. Gray

Ruling
Claim based on a state court judgment against the debtor was nondischargeable as thehomeowners had shown by a preponderance of the evidence that the debtor made falserepresentations concerning his status as a licensed contractor. (Bankr. E.D. Va.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Gray, In re--Wingenbach v. Gray Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 12, 2024 , LexisNexis #0324-038

Johnson, In re--Blue Green Plantation Envelope Enters., LLC v. Johnson

Ruling
Debt was nondischargeable on grounds of securities violations. (Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities

ABI Membership is required to access the full summary of Johnson, In re--Blue Green Plantation Envelope Enters., LLC v. Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 15, 2023 , LexisNexis #0224-034

Rouse, In re--Brown v. Rouse

Ruling
Debtors were entitled to discharge absent evidence of theft, larceny, or embezzlement. (Bankr.W.D. Ark.)
Issue(s)
Discharge.

ABI Membership is required to access the full summary of Rouse, In re--Brown v. Rouse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 14, 2023 , LexisNexis #0224-038

Fiedler, In re--Golden One Credit Union v. Fiedler

Ruling
Sanctions were warranted where creditor did not make a reasonable inquiry prior to filing suitto show that the debtor intended from the start to defraud it. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Fiedler, In re--Golden One Credit Union v. Fiedler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 02, 2023 , LexisNexis #0124-010

Frazier, In re--First Trust v. Frazier

Ruling
Court found that there were no representations relied upon by plaintiff-trustee relating to anylegally enforceable rights, thus, there were no damages that plaintiff suffered due to anyasserted fraud. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Frazier, In re--First Trust v. Frazier Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 11, 2023 , LexisNexis #1223-007

Islam, In re--Koral v. Islam

Ruling
Creditor established that its damages were nondischargeable as he showed that the debtormisrepresented to a third party that he would not release certain goods without payment.(Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Islam, In re--Koral v. Islam Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-006