Judge Clifton

Porter v. Nabors Drilling USA, L.P.

Ruling: 
Governmental unit exception to the automatic bankruptcy stay did not apply to a Private Attorney General Act action in which the governmental unit did not request, direct, or join the filing. (9th Cir.)
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Commercial case opionion summary, case decided on April 20,2017, LexisNexis #0517-093

Dingley, In re--Dingley v. Yellow Logistics. LLC

Ruling: 
Bankruptcy court erred in sanctioning creditor for violation of automatic stay by pursuing civil contempt proceedings against debtor as civil contempt proceedings were exempted from stay. (9th Cir.)
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Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-035

First Southern Natl Bank v. Sunnyslope Hous. Ltd. Pship (In re Sunnyslope Hous. Ltd. Pship)

Ruling: 
Plan confirmation reversed due to improper treatment of secured claim.
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Commercial case opionion summary, case decided on April 08,2016, LexisNexis #0516-014

In re Copperfield Invs. LLC

A corporation filed a motion seeking authority to commence an adversary proceeding on behalf of a bankruptcy estate of a chapter 11 debtor to recover allegedly fraudulent conveyances from third parties and to assert claims of breach of fiduciary duty, conversion, and unjust enrichment. The corporation's motion was opposed by the plan administrator and others.
Ruling: 
Corporation denied derivative standing to bring adversary proceeding on behalf of estate.
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Commercial case opionion summary, case decided on January 08,2010, LexisNexis #0210-020

Sternberg v. Johnston

Appellee debtor filed a chapter 11 bankruptcy petition and filed an adversary proceeding against appellants, including his ex-wife's attorney, alleging that they willfully violated the automatic stay under 11 U.S.C.S. § 362. On remand, the bankruptcy court found in favor of the debtor and awarded damages, attorney fees, and costs. The United States District Court for the District of Arizona affirmed. Appellants sought review.
Ruling: 
Finding of stay violation affirmed but remanded for redetermination of damages.
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Consumer case opionion summary, case decided on October 01,2009, LexisNexis #1009-134

Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)

Appellant, a Chapter 11 debtor, challenged the decision entered by the Ninth Circuit, Bankruptcy Appellate Panel that held it was too late for the debtor to unveil an argument that it had entered into a settlement and a release of its obligation. The court ordered disbursement of funds to pay the administrative claim.
Ruling: 
Administrative expense claim disbursement affirmed given debtor's failure to timely notify bankruptcy appellate panel of settlement and release.
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Commercial case opionion summary, case decided on August 21,2008, LexisNexis #0908-066

Henry v. Lehman Comml Paper Inc. (In re First Alliance Mortgage Co.)

In two consolidated actions, the District Court for the Central District of California found defendant corporation liable under California tort law to a class of borrowers for aiding and abetting fraud, and in a bankruptcy trustee's action, the district judge concluded that the corporation's conduct pursuant to its relationship with the bankrupt company did not warrant relief under the equitable principles of bankruptcy laws.
Ruling: 
Corporation's aiding and abetting fraud by lender did not justify equitable subordination of its claims in lender's bankruptcy.
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