Judge Markell

Hasse v. Rainsdon (In re Pringle)

Ruling: 
Debtor's transfer of house to girlfriend within two years of petition date properly found to be fraudulent.
ABI Membership is required to access the full summary of Hasse v. Rainsdon (In re Pringle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 02,2013, LexisNexis #0813-093

Kelly v. Cuomo (In re Cuomo)

In connection with an adversary proceeding, the court issued an order to show cause why debtor's attorney should not be sanctioned for failing to list a known debt on the debtor's bankruptcy schedules and for failing to represent the debtor in the adversary proceeding. The attorney moved to withdraw from representing the debtor.
Ruling: 
Attorney ordered to disgorge portion of fee for not investigating information in debtor's prior petitions.
ABI Membership is required to access the full summary of Kelly v. Cuomo (In re Cuomo). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 20,2013, LexisNexis #0713-124

In re Henderson

Before the court for approval consideration in these five cases were debtors' reaffirmation agreements.
Ruling: 
Reaffirmation agreements disapproved as not in best interests of debtor.
ABI Membership is required to access the full summary of In re Henderson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2013, LexisNexis #0613-129

Dignity Health v. Seare (In re Seare)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment debt to the creditor for attorney fees was nondischargeable based on the debtor's fraud in prosecuting an employment discrimination action against the creditor. The debtor's attorney was ordered to show cause why sanctions should not be imposed against him for refusing to represent the debtor in the proceeding.
Ruling: 
Debtor's attorney sanctioned for refusing to represent debtor in nondischargeability proceeding.
ABI Membership is required to access the full summary of Dignity Health v. Seare (In re Seare). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 09,2013, LexisNexis #0713-036

Van Zandt v. Mbunda (In re Mbunda)

The executor for a decedent's estate challenged a decision of the United States Bankruptcy Court for the Northern District of California, which found in favor of debtor in the executory's action seeking a declaration that a debt the debtor owed to the probate estate was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (4), and (6).
Ruling: 
Bankruptcy court properly held debt to probate estate was dischargeable where executor's testimony regarding alleged misrepresentations were hearsay.
ABI Membership is required to access the full summary of Van Zandt v. Mbunda (In re Mbunda). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-114

Heritage Pac. Fin. LLC v. Machuca (In re Machuca)

Creditor sought review of a decision from the United States Bankruptcy Court for the Northern District of California, which awarded attorneys' fees to appellee debtor under 11 U.S.C.S. § 523(d) after granting summary judgment in favor of the debtor on the creditor's action seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Award of debtor's attorneys' fees for obtaining summary judgment in nondischargeability proceeding affirmed.
ABI Membership is required to access the full summary of Heritage Pac. Fin. LLC v. Machuca (In re Machuca). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-115

Hopkins v. Asset Acceptance LLC (In re Salgado-Nava)

Appellant chapter 7 Trustee sought $1,315 in fees for his service as a trustee. He based his request on the trustee compensation rates set forth in 11 U.S.C.S. § 326(a). The U.S. Bankruptcy Court for the District of Idaho, however, found that the reasonable value of his services only amounted to $750 and limited his fees to that amount. He appealed. Appellees were all unsecured creditors who filed proofs of claim in debtor's bankruptcy case.
Ruling: 
Bankruptcy court erred in limiting trustee's fees based on value of services.
ABI Membership is required to access the full summary of Hopkins v. Asset Acceptance LLC (In re Salgado-Nava). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 25,2012, LexisNexis #0912-006

Meyer v. Renteria (In re Renteria)

Chapter 13 trustee challenged an order of the U.S. Bankruptcy Court for the Eastern District of California confirming debtor's chapter 13 plan over objections that it did not comply with 11 U.S.C.S. § 1322(b)(1) as it afforded preferential treatment to a claim on which debtor's mother was a codebtor. At issue was the effect of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98-353, 98 Stat. 333 (1984).
Ruling: 
Plan containing provision preferring co-debtor consumer claim over other unsecured claims properly confirmed over objections.
ABI Membership is required to access the full summary of Meyer v. Renteria (In re Renteria). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-101

State Empl. Dev. Dept v. Hansen (In re Hansen)

Appellant, California Employment Development Department, challenged the U.S. Bankruptcy Court for the Eastern District of California's judgment that certain unpaid unemployment insurance taxes were not the kind of taxes specified in 11 U.S.C.S. § 507(a)(8)(C). It thus held that the unpaid unemployment insurance taxes in this case did not give rise to a nondischargeable debt within the meaning of 11 U.S.C.S. § 523(a)(1)(A). Appellees were debtors.
Ruling: 
State unemployment insurance tax was not a "tax required to be collected" and was dischargeable.
ABI Membership is required to access the full summary of State Empl. Dev. Dept v. Hansen (In re Hansen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 18,2012, LexisNexis #0612-116

In Spickelmier

In a chapter 13 bankruptcy case, the court issued an order to the debtors' counsel to show cause why counsel should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 for filing a second amended motion to vacate the court's order dismissing the debtors' case after the court had already denied counsel's earlier motion to vacate the court's order.
Ruling: 
Debtor's counsel sanctioned for filing second amended motion to vacate dismissal due to prior failure to appear and unpreparedness.
ABI Membership is required to access the full summary of In Spickelmier. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 09,2012, LexisNexis #0512-033

Pages

Subscribe to Judge Markell