Chagolla v. JP Morgan Chase Bank N.A. (In re Chagolla)
Feb
09
2016
Ruling
Bankruptcy court erred in refusing to hear debtors' motion to value property and strip off allegedly unsecured lien.
Issue(s)
Could debtors reopen their case six years after it was closed for the sole purpose of filing a lien avoidance motion?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Shalaby v. Mansdorf (In re Nakhuda)
Feb
04
2016
Ruling
Order for debtor's attorney to disgorge fees but fine and suspension orders reversed.
Issue(s)
Did bankruptcy court err in ordering that debtor's attorney be required to disgorge fees he had been paid and be sanctioned for violations of Rule 9011?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Free v. Malaier (In re Free)
Dec
17
2015
Ruling
Debtors did not exceed chapter 13 debt limits where personal liability to unsecured lien holders was discharged in prior bankruptcy.
Issue(s)
Should chapter 13 case be dismissed where two unsecured loans caused debtors to exceed the eligibility limit?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
MacKenzie v. Neidorf (In re Neidorf)
Jul
10
2015
Ruling
Postpetition payment pursuant to national settlement relating to debtor's foreclosed property was not property of the estate.
Issue(s)
Was postpetition payment to debtor pursuant to a national settlement between banking regulators and certain financial institutions, including the bank that foreclosed on debtor's property, required to be turned over as property of the estate?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Partida v. United States DOJ (In re Partida)
May
28
2015
Ruling
Provisions of the Mandatory Victims Restitution Act override the automatic stay.
Issue(s)
Did the bankruptcy court properly hold that the government did not violate the automatic stay because its garnishment from debtor's pension and retirement benefits under the provisions of the Mandatory Victims Restitution Act (MVRA) was excepted from the stay?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wu v. Markosian (In re Markosian)
Mar
12
2014
Ruling
Post-chapter 11 petition earnings reverted to debtor upon conversion to chapter 7 but not sanctions based upon inherent authority.
Issue(s)
Whether an individual debtor's chapter 11 postpetition earnings which are property of the estate under 11 U.S.C.S. § 1115 revert to him or her upon a subsequent conversion to chapter 7.
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Court
:
Judge or Jurisdiction information not available
City of San Bernadino Cal.
Oct
16
2013
Ruling
City was an eligible chapter 9 debtor and filed its petition in good faith.
Issue(s)
Was city an eligible chapter 9 debtor and did it file its case in good faith.
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Court
:
- 11 U.S.C.
Kipperman v. United States (In re 800Ideas.com Inc.)
Jul
22
2013
Ruling
Bankruptcy court did not err in finding that trustee was not entitled to administrative expense claim for penalties on delayed filings of debtor's S corporation tax returns.
Issue(s)
Was trustee, who exercised judgment that filing of S corporation tax returns should be delayed until it was apparent if debtor's case was a no-asset case, entitled to an administrative expense claim for IRS penalties.
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Court
:
Judge or Jurisdiction information not available
Newman v. Schwartzer (In re Newman)
Feb
04
2013
Ruling
Order for turnover of tax refund affirmed.
Procedural posture
Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Nevada, which granted appellee chapter 7 trustee's motion to compel turnover of the debtor's 2011 tax refund pursuant to 11 U.S.C.S. § 542(a).
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Court
:
Judge or Jurisdiction information not available
McCoy v. Kuiken (In re Kuiken)
Jan
04
2013
Ruling
Junior lien improperly avoided where debtor had not maintained a continuous interest in alleged homestead property.
Procedural posture
Appellant creditor challenged an order from the United States Bankruptcy Court for the Southern District of California, which granted the motion of appellee, a chapter 7 debtor, to avoid the creditor's judicial line under 11 U.S.C.S. § 522(f).
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Court
:
Judge or Jurisdiction information not available