Jun
23
2014
Arizona Auto Spa 4 LLC v. Spreiser (In re Spreiser)
Ruling:
Debt to other members of LLC based on embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on June 23,2014, LexisNexis #0814-014
Aug
22
2013
In re Sunset Profl Park LLC
Ruling:
All payments under confirmed plan, including to equity holders, properly included in calculation of U.S. Trustee's fees.
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Commercial case opionion summary, case decided on August 22,2013, LexisNexis #0913-137
Jun
14
2013
In re Val-Mid Assocs. LLC
In this chapter 11 action, the debtor sought confirmation of its liquidating plan of reorganization.
Ruling:
Confirmation denied and case converted to chapter 7 where plan did not provide for recovery of preferences and fraudulent transfers.
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Commercial case opionion summary, case decided on June 14,2013, LexisNexis #0713-129
May
13
2013
In re Raso
Creditor filed a complaint against chapter 13 debtor seeking a denial of discharge of the debtor's obligation on promissory notes and of a real estate broker's commission paid to the debtor pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6).
Ruling:
Claim against real estate commission earned by debtor was nondischargeable due to deceit regarding ability to complete 1031 exchange.
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Consumer case opionion summary, case decided on May 13,2013, LexisNexis #0613-090
Jan
22
2013
Cunningham v. Fisher (In re Fisher)
Plaintiff, the executor of a debtor's father's estate, filed a complaint against defendant chapter 13 debtor seeking a nondischargeability judgment under 11 U.S.C.S. § 523(a)(4) for an alleged breach of fiduciary duty and embezzlement.
Ruling:
Creditor was entitled to nondischargeable claim for small portion of funds withdrawn from bank account with power of attorney in fiduciary defalcation.
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Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-052
Nov
07
2012
In re Reid Park Props. LLC
Debtor sought confirmation of its chapter 11 plan of reorganization, which provided for the infusion of new capital by a third party in return for a controlling equity interest in the resulting reorganized entity. Objecting creditor asserted that the plan provided significantly more favorable treatment to the third party investor than to debtor's creditors, thereby failing to satisfy the fair and equitable requirement for confirmation.
Ruling:
Confirmation denied due to debtor's failure to assure that risk of reorganization was borne fairly by all parties.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-130
Aug
13
2012
Far East Natl Bank v. United States Trustee San Diego (In re Premier Golf Props. LP)
Appellant bank filed a motion to prohibit appellee debtor from using cash collateral. The U.S. Bankruptcy Court for the Southern District of California denied the motion because it determined that revenue from debtor's postpetition green fees and driving range fees did not constitute the bank's cash collateral. The bank appealed. The U.S. Trustee, San Diego, was also an appellee.
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Ruling:
"After acquired" clause in security agreement did not apply to postpetition earnings which were not cash collateral.
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Commercial case opionion summary, case decided on August 13,2012, LexisNexis #0912-074
Jun
25
2012
In re Waterman
A former spouse filed a motion for relief pursuant to 11 U.S.C.S. § 362(d) from the automatic stay in order to enforce three spousal-maintenance judgments against debtor ex- husband. The court held a hearing and took the matter under submission.
Ruling:
Relief from stay to allow former spouse to enforce non-domestic support order judgment denied.
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Consumer case opionion summary, case decided on June 25,2012, LexisNexis #0712-114
Jun
15
2012
In re Patel
Movant bank, a secured creditor of a debtor, asked the court to set aside an earlier stipulation between the bank and debtor providing for the treatment of its claim in debtor's chapter 11 plan, which plan was later confirmed. The stipulation's execution essentially mooted debtor's motion to value certain real property. Issues included whether relief was available under Fed. R. Civ. P. 60, rendered applicable by Fed. R. Bankr. P. 9024.
Ruling:
Bank not entitled to set aside stipulation for treatment of claim based on later, higher appraisal.
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Consumer case opionion summary, case decided on June 15,2012, LexisNexis #0712-102
Apr
06
2012
Hoskins v. Citigroup Inc. (In re Viola)
Appellant trustee challenged a ruling of the U.S. Bankruptcy Court for the Northern District of California dismissing with prejudice her Second Amended Complaint against appellees, a bank and affiliates, to avoid fraudulent transfers and for damages for aiding and abetting the same. At issue was whether appellant was properly permitted to pursue claims against appellees per 11 U.S.C.S. § 548(a)(1)(A), or per either 11 U.S.C.S. § 544(a)(2) or (b).
Ruling:
Bankruptcy court properly held that trustee could not pursue avoidance of transfers originally made by debtor Ponzi scheme operator to accounts over which debtor exercised control.
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Commercial case opionion summary, case decided on April 06,2012, LexisNexis #0512-130
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