- 11 U.S.C.
Geller v. Grijalva (In re Grijalva)
Apr
02
2012
Ruling
Debtor could bifurcate under-secured short term mortgage and cram down unsecured portion.
Procedural posture
Respondent debtor proposed to modify the first-position lien on her principal residence in her amended chapter 13 plan. Movants were trustees of family trusts.
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Court
:
- 11 U.S.C.
Ristow v. Great Lakes Educ. Loan Servs. (In re Ristow)
Jun
30
2011
Ruling
Student loan debt discharged except to the extent debtors could afford to pay.
Procedural posture
Chapter 7 debtors sought to discharge over $80,000 in student loan debt pursuant to 11 U.S.C.S. § 523(a)(8).
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:
- 11 U.S.C.
Bay Fed. Credit Union v. Ong (In re Ong)
Jun
29
2011
Ruling
Bankruptcy court lacked authority to disapprove reaffirmation agreement that was properly executed by represented debtor.
Procedural posture
A credit union entered into a reaffirmation agreement with the debtor, who was represented by counsel. The U. S. Bankruptcy Court for the Northern District of California disapproved the reaffirmation agreement on the ground that it was not in the debtor's best interest. The credit union appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Espinosa v. United Student Aid Funds Inc. (In re Espinosa)
Jun
08
2011
Ruling
Student loan creditor sanctioned for violation of discharge injunction.
Procedural posture
The U.S. Court of Appeals for the Ninth Circuit issued a remand order to the Court to determine if sanctions should be imposed against defendant, a student loan creditor, for a willful violation of the discharge injunction. Plaintiff was debtor.
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- 11 U.S.C.
PCC Inv. V. Saguaro Guest Ranch Mgmt. Corp. (In re Saguaro Guest Ranch Dev. Corp.)
Jun
01
2011
Ruling
Confirmation denied under feasibility standard and fair and equitable requirements.
Procedural posture
The debtors, parties involved in a real estate development project, sought confirmation of a third reorganization plan.
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Samson v. Western Capital Partners LLC (In re Blixseth)
May
25
2011
Ruling
Stay properly terminated on solely on personal property scheduled as securing creditor's claim.
Procedural posture
Chapter 7 trustee challenged a decision of the U.S. Bankruptcy Court for the District of Montana, which ruled that 11 U.S.C.S. § 362(h) terminated the automatic stay on all of the debtor's personal property secured by the creditor's claim and not just on personal property scheduled as securing the claim.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re U.S. Corp.
May
18
2011
Ruling
United States was not eligible to be an involuntary debtor.
Procedural posture
The court issued an order to show cause as to why an involuntary Chapter 11 petition against an entity called "U.S. Corp." (Alleged Debtor) should not be dismissed.
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Court
:
- FRBP
In re Nguyen
Feb
07
2011
Ruling
Order suspending attorney from bankruptcy practice unless CLE was completed and minimum of one hour of counseling spent with each client affirmed.
Procedural posture
Appellant attorney appealed an order entered by the United States Bankruptcy Court for the Northern District of California which, inter alia, suspended him from practicing bankruptcy law in the Northern District of California unless he completed 10 hours of continuing legal education in bankruptcy law, and enjoined him from filing "any bankruptcy schedules in any court" unless an attorney spent at least one hour counseling the client.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Barron
Dec
14
2010
Ruling
Reaffirmation agreement was unenforceable due to debtor's counsel's failure to provide requisite endorsement.
Procedural posture
A creditor filed a pro se motion to approve debtors' reaffirmation agreement on a motor vehicle.
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Court
:
- 11 U.S.C.
Huntington Natl Bank v. Marrufo (In re Marrufo)
May
11
2010
Ruling
Debt relating to debtor's tender of false check was nondischargeable.
Procedural posture
Creditor filed a complaint against defendant chapter 7 debtors seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6).
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