Judge Nakagawa

Lum Lung, In re

Ruling: 
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-033

Faulkiner, In re--Faulkiner v. Shults

Ruling: 
Adversary action dismissed as plaintiff failed to demonstrate that the debtor had the requisiteintent to deceive when she obtained the funds. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-010

Luell, In re

Ruling: 
Debtor's motion to transfer its involuntary chapter 7 bankruptcy case from the Las Vegasbankruptcy court to Dallas bankruptcy court was denied where neither the interest of justicenor the convenience of the parties supported transfer. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on October 17,2018, LexisNexis #1218-086

Calvary Cmty. Assembly of God, Inc., In re

Ruling: 
Court awarded the law firm professional fees and reimbursement for costs advanced whereservices rendered were reasonable and properly requested. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on April 01,2018, LexisNexis #1118-006

Leeds, In re

Ruling: 
Motion to retroactively annul the automatic stay was denied as trustee breached his fiduciary duty to debtor's bankruptcy estate, service of the motion was insufficient, and the doctrine of unclean hands warranted denial of retroactive relief. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-038

Charleston Assocs., LLC, In re

Ruling: 
Conversion of case to chapter 7 was denied as conversion would not produce assets fordistribution. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 24,2018, LexisNexis #0918-024

EB Holdings II, Inc., In re

Ruling: 
Motion for stay relief denied in part where the application of the Sonnax/Curtis Factors didnot support a finding of sufficient cause to permit creditor to commence another civil action.(Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 06,2018, LexisNexis #0818-062

R & S St. Rose, LLC, In re--Branch Banking & Trust Co. v. R & S St. Rose, LLC

Ruling: 
Undersecured creditor cannot receive interest on the unsecured portion of its debt. (Bankr. D.Nev.)
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Commercial case opionion summary, case decided on April 24,2018, LexisNexis #0718-068

Lake at Las Vegas Joint Venture, In re

Ruling: 
Permissive abstention was granted as the interpretation of the indemnification provision of the plan would not require application of complex principals of bankruptcy law. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on March 27,2018, LexisNexis #0718-060

Favela, In re

Ruling: 
Sanctions for violation of discharge injunction denied with respect to the claim for post-petition rent as debtor was not on title and had no leasehold interest in the residence. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 12,2018, LexisNexis #0718-044

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