Judge Brandt

Lakhany v. Khan (In re Lakhany)

Ruling: 
Relief from stay granted by bankruptcy court in reopened case recast as judgment that discharge injunction did not prevent creditor's efforts to establish nondischargeable debt.
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Consumer case opionion summary, case decided on September 28,2015, LexisNexis #1015-088

Kanouff v. Hayes (In re Hayes)

Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that sanctions imposed against the debtor in state court for filing a frivolous lawsuit against the creditors was a nondischargeable debt under 11 U.S.C.S. § 523(a)(6) as a willful and malicious injury. The creditors moved for summary judgment based on collateral estoppel.
Ruling: 
Sanctions for debtor's malicious filing of frivolous lawsuit against creditor were nondischargeable.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-089

In re Snowden

Movant debtor filed a motion for sanctions against respondent creditor, asserting it willfully violated the automatic stay in violation of 11 U.S.C.S. § 362(a). The creditor argued it had negotiated a postdated check without knowledge of the debtor's bankruptcy filing.
Ruling: 
Negotiable instrument exception was inapplicable to postpetition electronic funds transfer initiated by bank in violation of stay.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-074

In re Jolan Inc.

After debtor, a company operating a bar and restaurant in leased space, filed a chapter 7 case, the trustee moved for orders permitting the sale, free and clear of all liens, of debtor's personal property and trade name for a price that was less than the total of all liens. Citing 11 U.S.C.S. § 363, debtor, its principals, and some other parties objected to the motion on grounds including that such an order was improper under the Clear Channel rule.
Ruling: 
Approval of proposed sale of assets for less than value of liens denied in favor of auction.
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Commercial case opionion summary, case decided on April 30,2009, LexisNexis #0609-076

In re Jacobson

Movant, a servicing agent for the holder of the note, sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to enforce a deed of trust on the debtors' residence. The issues were whether a "servicing agent" was the real party in interest in whose name a relief from stay motion could be brought and whether the servicing agent had standing to seek relief from stay to enforce the debtors' deed of trust.
Ruling: 
Servicing agent for note holder lacked standing to seek relief from stay to enforce deed of trust.
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Consumer case opionion summary, case decided on March 06,2009, LexisNexis #0609-002

In re Dunn

Debtors filed a motion to confirm their chapter 13 plan, and a creditor bank objected to plan confirmation on the ground that the proposed plan impermissibly modified its rights in violation of 11 U.S.C.S. § 1322(b)(2). The bank also filed a motion for adequate protection payments pending confirmation.
Ruling: 
Plan proposing sale of property as cure for prepetition mortgage default did not impermissibly modify lender's rights.
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0209-090

California Self-InsurersSec. Fund v. Lorber Indus. (In re Lorber Indus.)

Appellee chapter 11 debtor defaulted on its self-insured workers'compensation obligations. Appellant California Self-Insurers'Security Fund ("Fund") filed a claim for sums it expected to pay workers injured during the three years prepetition. The Fund argued its claim was an excise tax under 11 U.S.C. § 507(a)(8)(E). The Bankruptcy Court for the Central District of California denied priority treatment. Cross-appeals were filed.
Ruling: 
Claim by state workers'compensation security fund was an excise tax but not entitled to priority status.
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Hansen v. Moore (In re Hansen)

Appellant debtor challenged decisions of the Bankruptcy Court for the Central District of California, which denied the debtor's discharge under 11 U.S.C. § 727(a), denied the debtor's motion for reconsideration, and awarded attorneys'fees to appellee creditors as a discovery sanction under Fed. R. Civ. P. 37, applicable in bankruptcy proceedings by Fed. R. Bankr. P. 7037.
Ruling: 
Debtor attorney denied discharge for postpetition recording of deed of trust in favor of mother with intent to hinder, delay or defraud creditors.
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Cogliano v. Anderson (In re Cogliano)

Appellant debtor sought review of orders of the Bankruptcy Court for the Central District of California that: (1) sustained appellee trustee's objection to her claim that proceeds of her former husband's retirement funds were exempt and/or were not property of the bankruptcy estate, and (2) awarded fees and costs to the trustee and trustee's counsel. The lower court had ruled the IRA was not exempted.
Ruling: 
Bankruptcy court erred in holding that issue of whether IRA was property of the estate was res judicata due to prior exemption ruling.
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Busseto Foods Inc. v. Laizure (In re Laizure)

Appellant creditor sought review of a judgment of the Bankruptcy Court for the Eastern District of California, which dismissed his complaint alleging that its claim against appellee debtor was revived and seeking a determination of nondischargeability under 11 U.S.C. § 523(a)(4).
Ruling: 
Personal claim was not revived upon repayment of settlement funds as preference.
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