- 11 U.S.C.
Cook Inlet Energy LLC, In re--Boruff v. Cook Inlet Energy LLC
Apr
24
2018
Ruling
Court concluded correct legal standard was applied and the burden of proof was properlyallocated where terms of a rejected prepetition employment contract were not presumptiveon the value of postpetition services therefore creating a burden shift. (B.A.P. 9th Cir.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.
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Court
:
Judge or Jurisdiction information not available
Wagabaza, In re--Wagabaza v. Beveridge
Feb
09
2018
Ruling
Court ruled that a junior trust deed may not impose a lien on real property reacquired bydebtor after the bankruptcy petition date. (Bankr. C.D. Cal.)
Issue(s)
Postpetition Effect of Security Interest; Property Acquired Postpetition Not Subject to Prepetition Lien
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Court
:
Serrato, In re
Dec
27
2017
Ruling
Court reanalyzed billings and allowed addition of both collection costs and attorney's fees tothe homeowner's association's claim. (Bankr. C.D. Cal.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Del Valle, In re--Daniel v. Del Valle
Oct
05
2017
Ruling
Creditor's claim deemed nondischargeable as the debtor made false statements thatpersuaded her to invest in the Ponzi scheme. (Bankr. C.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Escarcega, In re
Sep
06
2017
Ruling
Court did not err in finding that debtors' plans violated the good faith provisions as it prohibited the trustee from distributing excess funds. (B.A.P. 9th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
Judge or Jurisdiction information not available
Anderson, In re--Anderson v. Rainsdon
Aug
11
2017
Ruling
Debtors were required to turn over commissions to the trustee because the commissions, although received postpetition, constituted property of the estate. (B.A.P. 9th Cir.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
:
Judge or Jurisdiction information not available
San Bernardino, In re City of
Mar
07
2017
Ruling
Plan injunction approved where the injunction was necessary to allow the city to restructure its debt. (Bankr. C.D. Cal.)
Issue(s)
Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case; Injunction Under a Plan.
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Court
:
- 11 U.S.C.
Wharton, In re--Wharton v. Schwartzer
Feb
13
2017
Ruling
Bankruptcy court did not err in granting trustee's turnover of debtor's vehicle as debtor'spossession and sole ownership made it a property of the estate regardless if it was exempt ornot. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; Exemption of Property Recovered by Trustee; Circumstances of Transfer; Involuntary Transfer.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Emmert v. Taggart (In re Taggart)
Apr
12
2016
Ruling
Contempt order and sanctions against creditor for willfully violating the discharge injunction reversed.
Issue(s)
Did the bankruptcy court err by holding, on remand, that creditors willfully violated the discharge injunction and by entering an order for contempt?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Caldwell v. Nelson (In re Caldwell)
Feb
24
2016
Ruling
Bankruptcy court erred in limiting debtor's homestead exemption.
Issue(s)
Where debtor transferred title to real property to and from a trust and an LLC, whether a bankruptcy court erred when it limited his homestead exemption under 11 U.S.C.S. § 522(p)(1) because the property was conveyed by the LLC to the trust during the 1215-day period preceding his petition.
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Court
:
Judge or Jurisdiction information not available