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District of california

Weed Cellars, Inc., In re--Miller v. W Licensing, LLC

Ruling
Transfers under licensing agreement were not avoidable as debtor received reasonable equivalent value. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on May 26, 2023 , LexisNexis #0723-062

LeClair, In re--Cortes v. LeClair

Ruling
Dismissal would enter in proceeding for denial of discharge subject to terms of settlement arising from mediation, provided U.S. Trustee and creditors did not intervene. (Bankr. C.D. Cal.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on May 08, 2023 , LexisNexis #0723-013

Love, In re--Love v. United States Dep't of Educ.

Ruling
Debtor was entitled to discharge of all of her student loan liability as an undue hardship as she established by a preponderance of the evidence all of the elements of the controlling Brunner-Pena test. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Commercial opinion summary, case decided on April 05, 2023 , LexisNexis #0623-010

Teran, In re--Teran v. Navient Sols., LLC

Ruling
Plaintiff was not required to amend the complaint in class action for violation of the discharge injunction as the expansion of the class of debtors was a minor change. (Bankr. N.D. Cal.)
Issue(s)
Effect of Discharge.

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Commercial opinion summary, case decided on March 30, 2023 , LexisNexis #0623-012

McClure, In re

Ruling
Debtor was entitled to reimbursement of certain expenses incurred as a debtor-in-possession or at the request of the trustee that were incurred on behalf of the estate. (Bankr. C.D. Cal.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-058

Oliver, In re

Ruling
Debtor's motion to compel abandonment of his homestead property was denied as premature as the deadline for any party in interest to object did not expire until the case closed. (Bankr. E.D. Cal.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.

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Consumer opinion summary, case decided on March 23, 2023 , LexisNexis #0523-069

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Robinson, In re

Ruling
Debtor's case dismissed as she received nearly $80,000 from an insurer after a fire on one of her properties but she did not report these proceeds to the trustee. (Bankr. E.D. Va.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-040

Sphere Acquisition, LLC v. Bella Hosp. Grp., LLC (In re Bella Hosp. Grp., LLC)

Ruling
Bankruptcy court erred in dismissing debtor's involuntary Chapter 7 case for lack of subject matter jurisdiction as the petitioning creditor's failure to file the required statement was not jurisdictional. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 24, 2023 , LexisNexis #0523-052

San Vicente, In re--Saucedo v. San Vicente

Ruling
Community property discharge did not apply in debtor wife's Chapter 11 case as debts wouldbe nondischargeable in a hypothetical case file by debtor's husband. (Bankr. C.D. Cal.)
Issue(s)
Effect of Discharge; Where Injunction Against Recovery of Community Claims

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Consumer opinion summary, case decided on January 25, 2023 , LexisNexis #0323-064