Judge Hawkins

Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)

Ruling: 
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
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Consumer case opionion summary, case decided on March 25,2016, LexisNexis #0416-104

In re Collins

The Chapter 13 trustee and a creditor objected to confirmation of the debtor's Chapter 13 plan.
Ruling: 
Confirmation denied due to failure to surrender property to secured creditor or pay debt in full.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-098

Battle Ground Plaza LLC v. Ray (In re Ray)

Appellant challenged the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (BAP), which affirmed the bankruptcy court's finding of jurisdiction under 28 U.S.C.S. § 1334 over appellant's breach of contract claims against appellees, the chapter 11 debtor, his non- bankruptcy partner, and the purchaser of certain property from the debtor and the partner.
Ruling: 
Bankruptcy court erred in exercising judgment over state law breach of contract claims that did not arise under the Bankruptcy Code and not related to bankruptcy.
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Consumer case opionion summary, case decided on October 25,2010, LexisNexis #1110-105

Rodriguez v. Drive Fin. Servs. LP (In re Trout)

In consolidated cases, plaintiff bankruptcy trustee appealed a Bankruptcy Appellate Panel for the Tenth Circuit (BAP) decision affirming a bankruptcy court's determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C.S. § 547, the trustee could not have a money judgment against defendant creditors equal to the value of the avoided liens under 11 U.S.C.S. § 550(a).
Ruling: 
Trustee not entitled to money judgment against creditors after successful avoidance of lien.
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Consumer case opionion summary, case decided on June 23,2010, LexisNexis #0810-128

Egebjerg v. Anderson (In re Egebjerg)

On a direct appeal, appellant debtor sought review a decision of the U.S. Bankruptcy Court for the Central District of California, which dismissed his chapter 7 petition for abuse under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C.S. § 707(b), by concluding that the debtor's inclusion of the funds for repayment of a 401(k) loan in his schedule of necessary expenses was abusive.
Ruling: 
401(k) loan was not a "debt" and payments could not be deducted in means test calculation.
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Consumer case opionion summary, case decided on May 29,2009, LexisNexis #0709-055

Educational Credit Mgmt. Corp. v. Coleman (In re Coleman)

Pursuant to 28 U.S.C.S. § 1292(b), the U.S. District Court for the Northern District of California certified an interlocutory appeal from its order affirming a decision by a bankruptcy court that had denied appellant credit corporation's motion to dismiss appellee debtor's undue hardship motion under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Dischargeability of student loan debt was ripe for consideration prior to completion of chapter 13 plan.
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Consumer case opionion summary, case decided on March 25,2009, LexisNexis #0509-063

Lockerby v. Sierra

Appellant debtor, an attorney, challenged a decision from the District Court for the District of Arizona, which affirmed a bankruptcy court's determination that appellee claimant's breach of contract claim against the debtor was non-dischargeable under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Intentional breach of contract claim cannot be nondischargeable unless accompanied by tortious conduct.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0808-094

Educational Credit Mgmt. Corp. v. Coleman (In re Coleman)

Appellant creditor appealed a bankruptcy court's denial of its motion to dismiss for lack of subject matter jurisdiction appellee debtor's request for a determination that it was an undue hardship under 11 U.S.C.S. § 523(a)(8) to repay her student loans and they should not be excepted from discharge. The United States District Court for the Northern District of California affirmed the decision. The creditor appealed.
Ruling: 
Student loan undue hardship determination could be ripe in advance of plan completion.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0808-096
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