Frantz, In re--Frantz v. Doling
Dec
29
2023
Ruling
Sanctions against debtor’s counsel were reversed where a good faith argument could be madethat statements that debtors had completed their Chapter 13 plan were not false.(B.A.P. 9th Cir.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lee, In re--Mission Hen, LLC v. Lee
Nov
13
2023
Ruling
Bankruptcy court did not err in allowing Chapter 13 debtors to bifurcate a claim that wassecured by a junior lien on debtors' residence and treat part of its claim as unsecured. (B.A.P.9th Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
East Coast Foods, Inc., In re--Development Specialists, Inc. v. East Coast Foods, Inc.
Jul
19
2023
Ruling
Bankruptcy court did not err in denying debtor leave to sue the trustee in another court as theclaims arose out of estate administration. (B.A.P. 9th Cir.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Judge or Jurisdiction information not available
RS AIR, LLC, In re--RS AIR, LLC v. NetJets Aviation, Inc.
Jun
02
2023
Ruling
Judgment affirmed as the creditors did not violate the discharge injunction when they sued to collect the discharged debt from the debtor's alleged alter egos. (B.A.P. 9th Cir.)
Issue(s)
Effect of Discharge; Liability of Other Entities Not Affected.
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Court
:
Judge or Jurisdiction information not available
Powell, In re--TICO Constr. Co. v. Van Meter
Oct
21
2022
Ruling
Debtor had a right to dismiss his Chapter 13 case even in the face of allegations of bad faith orabuse of the bankruptcy process. (B.A.P. 9th Cir.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset
May
26
2022
Ruling
Bankruptcy court did not abuse its discretion as it properly evaluated the fairness andreasonableness of compromise between trustee and debtor. (B.A.P. 9th Cir.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
Judge or Jurisdiction information not available
Stuart, In re--Stuart v. City of Scottsdale
Nov
10
2021
Ruling
Creditor did not violate the automatic stay when it failed to move to quash a writ ofgarnishment or cause a bank to unfreeze debtor bank accounts. (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay; Scope.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Sienega, In re--Sienega v. Cal. Franchise Tax Bd.
Oct
05
2020
Ruling
Chapter 7 debtor's tax debts were nondischargeable where he did not file "formal" state taxreturns and faxes sent to the State Franchise Tax Board were not signed and did not state thatthey were submitted under penalty of perjury. (B.A.P. 9th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Cordero, In re
Jul
16
2020
Ruling
Combined plan of reorganization confirmed where trustee proposed the plan in good faith. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.
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Court
:
( Judge Faris ) [ Bankruptcy Court ]
- 11 U.S.C.
Berkley, In re--Berkley v. Burchard
Apr
17
2020
Ruling
Bankruptcy court did not abuse its discretion in granting trustee's motion to modify theconfirmed plan to increase payments to unsecured creditors. (B.A.P. 9th Cir.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
Judge or Jurisdiction information not available