- 11 U.S.C.
Hunt Ortmann Blasco Palffy & Rossell Inc. v. Jim L. Shetakis Distrib. Co. (In re Jim L. Shetakis Distrib. Co.)
Mar
30
2009
Ruling
Debtor's assignment of rights under lease without notice to creditors could not be set aside as two-year limitations period had expired.
Procedural posture
Creditor, through motions filed in the bankruptcy case and in this separate adversary action, sought to have the court set aside appellee debtor's assignment of debtor's rights under a lease and purchase agreement to appellee assignee. In this appeal, the court considered whether the Bankruptcy Court for the District of Nevada erred when it granted the assignee's motion for summary judgment.
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Court
:
- FRBP
In re Sanford
Mar
17
2009
Ruling
Debtor's counsel sanctioned for failure to file conversion order and for filing second case while first case was still pending.
Procedural posture
The court ordered debtor's counsel to show cause why he should not be sanctioned for his conduct in representing a debtor on whose behalf counsel had filed two chapter 13 cases (Case 1 and Case 2) and in connection with which he was paid fees and other charges. At issue inter alia was whether counsel had violated Fed. R. Bankr. P. 9011 and D. Nev. R. 9021(a).
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Court
:
In re Betcorp. Ltd.
Feb
09
2009
Ruling
Australian company's winding up recognized as foreign main proceeding.
Procedural posture
Petitioner liquidator sought recognition of an Australian company's voluntary winding up in Australia as a foreign main proceeding under chapter 15. A United States (U.S.) company opposed recognition.
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Court
:
- 11 U.S.C.
United States v. Kummer (In re Kummer)
Jan
07
2009
Ruling
Stay pending appeal of denial of United States motion for relief from stay to offset debtor's tax debt with 2007 refund and stimulus rebate denied.
Procedural posture
Appellant had earlier filed a motion pursuant 11 U.S.C.S. § 362(d)(1) for relief from the Bankruptcy Code's automatic stay provisions. Through this motion, the United States sought to offset appellee debtor's tax debt with his 2007 refund and rebate. Presently before the court was the United States'emergency motion to consolidate appeals and stay pending appeal.
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Court
:
Suter v. Goedert
Oct
16
2008
Ruling
Bankruptcy court did not abuse its discretion in approving sale of debtor's legal malpractice action to the defendant law firm.
Procedural posture
Chapter 7 debtors appealed a decision by a bankruptcy court which approved appellee law firm's offer to purchase a legal malpractice action the debtors filed against the law firm. The district court dismissed the debtors'appeal as moot, but the Court of Appeals for the Ninth Circuit reversed the district court's judgment and remanded the case for a hearing on the merits.
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Court
:
- 11 U.S.C.
Barboza v. New Form Inc.
Sep
23
2008
Ruling
Judgment for copyright infringement was dischargeable unless willful and malicious injury could be demonstrated on remand.
Procedural posture
Appellant debtors challenged an order of the Ninth Circuit Bankruptcy Appellate Panel (BAP), which affirmed a U.S. bankruptcy court's entry of summary judgment, finding that a judgment award against the debtors and in favor of appellee judgment creditor was nondischargeable under 11 U.S.C.S. § 523(a)(6) as a "willful and malicious injury."
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Martinez
Aug
01
2008
Ruling
Creditor's attorney sanctioned for refusing to cooperate with correction of erroneous stipulation.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. In their schedules, the debtors listed a principal residence and two rental properties. A chapter 13 trustee filed an opposition to confirmation of the debtors' plan and recommended their case for dismissal based on ineligibility under 11 U.S.C.S. § 109(e).
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Court
:
- 11 U.S.C.
In re Smith
Jun
24
2008
Ruling
Creditor with personal injury tort claim denied relief from stay.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, claiming that the debtor committed libel. Three months after he filed his adversary proceeding, the creditor filed a motion to stay the adversary proceeding, and he moved for relief from the automatic stay that was imposed under 11 U.S.C.S. § 362 so he could proceed with a libel action he filed against the debtor in state court. The debtor opposed the motions.
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Court
:
In re Trejos
Sep
25
2006
Ruling
Assignee of motor vehicle debt held an allowed secured claim for the total amount of principle and interest due.
Procedural posture
Bankruptcy debtors purchased a motor vehicle which was financed by the seller, and the seller assigned the debt which was secured by the vehicle. The debtors sought confirmation of their chapter 13 plan which proposed to bifurcate the assignee's claim into a secured claim and an unsecured claim under 11 U.S.C. § 506, but the assignee asserted that the unnumbered, hanging paragraph under 11 U.S.C. § 1325(a) precluded bifurcation.
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Court
:
- 11 U.S.C.
In re Trans Max Techs. Inc.
Aug
15
2006
Ruling
Plan lacked feasibility due to reliance on debtor's implausible development of a flying car within three years.
Procedural posture
Debtor filed a voluntary petition for chapter 11 bankruptcy, and thereafter served as debtor in possession. Before the court was debtor's request for plan confirmation. The Office of the United States Trustee ("UST") objected, as did two creditor groups.
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Court
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