- 11 U.S.C.
California Self-InsurersSec. Fund v. Lorber Indus. (In re Lorber Indus.)
Jul
16
2007
Ruling
Claim by state workers'compensation security fund was an excise tax but not entitled to priority status.
Procedural posture
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.
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- 11 U.S.C.
In re Cole
Jul
03
2007
Ruling
Debtor who owned vehicles free and clear could not take standard deductions.
Procedural posture
A United States trustee filed a motion under 11 U.S.C. § 707(b)(1), seeking an order dismissing a petition which a debtor filed under chapter 7. The trustee claimed that the debtor was not eligible for relief under chapter 7. The debtor opposed the motion.
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Court
:
Hansen v. Moore (In re Hansen)
Apr
23
2007
Ruling
Debtor attorney denied discharge for postpetition recording of deed of trust in favor of mother with intent to hinder, delay or defraud creditors.
Procedural posture
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.
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- 11 U.S.C.
Rose v. Miller
Nov
01
2006
Ruling
RICO action by debtor against trustee's attorney could only be brought by the bankruptcy estate and was dismissed.
Procedural posture
Defendant, an attorney who had represented defendant bankruptcy trustee, filed a motion to dismiss plaintiff's action in which plaintiff alleged that the attorney violated 18 U.S.C. § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The bankruptcy trustee and defendant, the trustee's subsequent counsel, previously were dismissed from the action.
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Court
:
- 11 U.S.C.
Cogliano v. Anderson (In re Cogliano)
Sep
12
2006
Ruling
Bankruptcy court erred in holding that issue of whether IRA was property of the estate was res judicata due to prior exemption ruling.
Procedural posture
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.
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Busseto Foods Inc. v. Laizure (In re Laizure)
Sep
01
2006
Ruling
Personal claim was not revived upon repayment of settlement funds as preference.
Procedural posture
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).
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In re Lee
Aug
10
2006
Ruling
Debtor entitled to injunction to prevent recovery of debt in excess of amount provided for in Korean insolvency proceeding without filing adversary proceeding.
Procedural posture
Petitioner, a court-appointed manager, moved for a permanent injunction on behalf of debtor and a motion to close a chapter 15 case filed by debtor in foreign bankruptcy. The motion for permanent injunction was opposed by a corporation. In the foreign bankruptcy case, the corporation had filed a claim for 2.1 billion Korean Won as a secured party.
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Court
:
- 11 U.S.C.
In re Phenylpropanolamine Prods. Liab. Litig.
Jul
28
2006
Ruling
Products liability claim against drug manufacturer that was not scheduled by debtor was still property of the estate and could not be pursued by debtor personally.
Procedural posture
Plaintiff consumer had filed suit against defendant manufacturer, and the suit was transferred to a multidistrict proceeding before the court. The consumer alleged that he suffered injury following ingestion of a phenylpropanolamine-containing medication made by the manufacturer. Before the court was the manufacturer's motion for summary judgment, which was premised on a separate bankruptcy proceeding filed by the consumer.
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Court
:
- 11 U.S.C.
Cornejo v. Channel Lending Co.
Feb
22
2006
Ruling
Court struck a motion to enforce a settlement agreement against a lending company pending the outcome of the company's owner's bankruptcy case.
Procedural posture
Plaintiffs, consumers, and defendants, lending company and its owner, entered into a settlement agreement to settle claims of illegal lending practices. Because the owner filed for bankruptcy, the consumers sought to enforce the terms of the agreement against the company. The court ordered the company to pay the value of the settlement to the consumers. The owner moved for relief from the court's order enforcing the parties'settlement agreement.
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Court
:
- 11 U.S.C.
In re Tippett
Jan
31
2006
Ruling
Automatic stay did not apply to sales or transfers, even authorized ones, initiated by the debtor and thus the transfer and liens were not void.
Procedural posture
Debtors, without authorization, sold their home to appellant buyer. Appellee trustee filed an adversary proceeding seeking turnover, quieting of title, and avoidance of the lien's of the buyer's lenders. The Bankruptcy Court for the Eastern District of California declared title to the property vested in the trustee and entered an order denying annulment of the automatic stay. The buyer and one of its lenders appealed.
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