- 11 U.S.C.
Eagan Avenatti, LLP, In re
Mar
03
2022
Ruling
Trustee's motion for authorization to use property of the estate was denied as there wasinsufficient evidence to find that it was in the best interests of the estate. (Bankr. C.D. Cal.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
- 11 U.S.C.
Judson, In re
Jul
13
2018
Ruling
Motion to reopen case to file a reaffirmation agreement denied as reaffirmation agreement must be made before the debtor receives a discharge. (Bankr. C.D. Cal.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.
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Court
:
- 11 U.S.C.
In re Blanchard
Mar
01
2016
Ruling
Creditor that was not injured by alleged fraudulent transfers was not entitled to an administrative claim.
Issue(s)
Could creditor assert an administrative expense claim based on debtor's alleged receipt of a fraudulent transfer from a non-debtor while the creditor was a creditor of the non-debtor?
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:
- 11 U.S.C.
Nautilus Inc. v. Yu (In re Yu)
Feb
18
2016
Ruling
Judgment based on debtor's sale of counterfeit exercise equipment was nondischargeable.
Issue(s)
Was judgment for willful trademark infringement under the Lanham Act, based on debtor's sale of counterfeit exercise equipment, nondischargeable?
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:
- 11 U.S.C.
West End Material Supply v. Brand (In re Brand)
Jan
29
2016
Ruling
Proceeding for denial of discharge against deceased debtor dismissed.
Issue(s)
Should proceeding for denial of discharge be dismissed against deceased debtor?
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Court
:
- 11 U.S.C.
In re American Spectrum Realty Inc.
Nov
09
2015
Ruling
Relief from stay granted to allow creditors to proceed to judgment in state court action but not for setoff against debtor's counterclaim.
Issue(s)
Were creditors entitled to relief from the automatic stay to pursue a judgment against debtor in state court and a setoff against debtor's counterclaim?
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Court
:
- FRBP
Target Natl Bank v. Nelson (In re Nelson)
Dec
11
2013
Ruling
Creditor's law firm sanctioned for filing nondischargeability proceeding not reasonably supported by evidence.
Issue(s)
Should creditor's law firm be sanctioned for filing a frivolous nondischargeability proceeding.
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Court
:
- 11 U.S.C.
Pitts v. United States (In re Pitts)
Aug
14
2013
Ruling
Taxes for which liens were validly filed and perfected were nondischargeable to the extent returns were not due more than three years prior to petition date.
Issue(s)
Whether taxes for which liens were validly filed and perfected tax liens were nondischargeable.
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Court
:
- 11 U.S.C.
In re Wilson
Jun
24
2013
Ruling
Debtor entitled to claim exemptions in proceeds of short sale in limited amount.
Procedural posture
A debtor filed her petition for bankruptcy under chapter 7 of the Bankruptcy Code, and the trustee filed an objection to the debtor's amended claims of exemption. The trustee asserted that the debtor could not have claimed exemptions which did not exist as of the petition date and that the claimed exemptions exceeded the maximum amount the debtor was entitled to claim under Cal. Code Civ. Proc. § 703.140(b)(1) and (5).
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Court
:
- 11 U.S.C.
In re American Suzuki Motor Corp.
Jun
04
2013
Ruling
Auto dealer not entitled to claim resulting from rejection of agreement with debtor distributor beyond lost profits.
Procedural posture
Chapter 11 debtor, an auto distributor, filed an objection to a claim of filed by an auto dealer, which arose from the debtor's rejection under 11 U.S.C.S. § 365 of an executory automobile dealership sales and service agreement.
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