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9th Circuit

Aviles, In re

Ruling: 
Company was entitled to recover embezzled funds plus prejudgment interest that was nondischargeable. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-036

Opperwall, In re--Opperwall v. Bank of Am., N.A.

Ruling: 
Court recommended an order denying the in forma pauperis application and requiringpayment of the fee as plaintiff can afford to pay the $350 filing fee. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #0119-029

De Jesus Gomez, In re--Aldana v. Stadtmueller

Ruling: 
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 25,2018, LexisNexis #0119-009

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

Peery, In re

Ruling: 
Debt was nondischargeable as the parties explicitly acknowledged in the marital settlementagreement that the note was not a domestic support order and the parties agreed in theirpleadings that the debt was not a domestic support obligation. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on November 01,2018, LexisNexis #1218-075

Levine, In re

Ruling: 
Motion denied where arguments set forth in the motion to reconsider could be properlypresented to the court only by the trustee as trustee was solely responsible for administeringthe estate's property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on November 07,2018, LexisNexis #1218-063

Naturescape Holding Grp., Int'l, Inc., In re--GemCap Lending I, LLC v. Bateman

Ruling: 
Money judgment and attorneys' fees deemed nondischargeable due to debtor's participation in the diversion of creditor's cash collateral. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-071

Lane, In re--Bank of New York Mellon v. Lane

Ruling: 
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039

Samuel, In re

Ruling: 
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-004

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