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judge silverman

In re EPD Inv. Co. LLC

Ruling
Fraudulent conveyance, subordination and disallowance claims were core proceedings not subject to arbitration.
Issue(s)
Were trustee's fraudulent conveyance, subordination, and disallowance claims subject to arbitration pursuant to an agreement signed by debtors?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 09, 2016 , LexisNexis #0616-019

Orange Countys Credit Union v. Garcia (In re Garcia)

Ruling
Lien on Mercedes could be avoided if the vehicle was shown to be a tool of debtor's trade.
Procedural posture

Debtor filed for chapter 7 bankruptcy. She claimed that a car was exempt from her bankruptcy estate under Cal. Code Civ. Proc. § 703.140(b)(5) (2010). The debtor moved to avoid the lien on the car under 11 U.S.C.S. § 522(f)(1)(B). A bankruptcy court ruled that the debtor could not have used the statutes. The U.S. District Court for the Central District of California reversed and remanded the case. Lien-holder filed an appeal.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 05, 2013 , LexisNexis #0313-115