McCarthy v. Giron
Jun
06
2014
Ruling
Co-owners were liable for debts of corporation on basis of fraud.
Issue(s)
Whether the co-owners of a debtor corporation were liable in a bankruptcy proceeding for debts of the corporation under 11 U.S.C.S. § 544(b).
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Court
:
- 11 U.S.C.
Holmes v. Portaluppi (In re Portaluppi)
Jun
06
2014
Ruling
Bankruptcy court did not err in declining to deny debtor's discharge for debtor's failure to keep records of small motor vehicle sales business.
Issue(s)
Did bankruptcy court err in not denying debtor's discharge for alleged failure to keep records?
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Court
:
- 11 U.S.C.
Universal Restoration Servs. v. Hartung (In re Hartung)
Jun
05
2014
Ruling
Debt properly held nondischargeable due to fiduciary defalcation.
Issue(s)
Did bankruptcy court err in holding debt to be nondischargeable based on debtor's fiduciary defalcation?
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Court
:
- 28 U.S.C.
Ritchie Capital Mgmt. L.L.C. v. Opportunity Fin. L.L.C.
Jun
05
2014
Ruling
Court abstained from hearing investors' non-core action against lenders regarding debtor's Ponzi schemes that was related to debtor's bankruptcy.
Issue(s)
Should court abstain from hearing investors' action against lenders regarding debtor's Ponzi schemes?
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Court
:
- 11 U.S.C.
Unite Here Health v. Gilbert
Jun
04
2014
Ruling
Fiduciaries' contribution claims against non-debtor principals of debtor restaurant were not subject to the automatic stay.
Issue(s)
Were fiduciaries' contribution claims against non-debtor principals of debtor restaurant subject to the automatic stay?
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Court
:
- 28 U.S.C.
In re City of San Bernadino
Jun
04
2014
Ruling
Court had jurisdiction over proceeding by debtor city against state for withholding of tax revenues and state could claim sovereign immunity.
Issue(s)
Did bankruptcy court properly exercise jurisdiction over debtor's proceeding against state for withholding of tax revenues and did it err in denying state's sovereign immunity defense?
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Court
:
- 11 U.S.C.
Sikirica v. Wettach
Jun
03
2014
Ruling
Bankruptcy court could avoid transfers that were avoidable under state law.
Issue(s)
Did bankruptcy court properly hold that debtor's deposit of individual earnings in jointly owned entireties account to shield the funds from creditors was an avoidable fraudulent transfer pursuant to state uniform fraudulent transfer statute?
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Court
:
- 11 U.S.C.
Grillo v. JPMorgan Chase & Co.
May
30
2014
Ruling
Discharged debtor lacked standing to pursue unscheduled claims against lender, which remained property of the estate.
Issue(s)
Should debtor's case against lender based on loan modification be dismissed due to failure to list the claim in its bankruptcy schedules?
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Court
:
- 11 U.S.C.
Rossco Holdings Inc. v. Pacific Mercantile Bank (In re Rossco Holdings Inc.)
May
30
2014
Ruling
Bankruptcy court did not err in awarding attorneys' fees to creditors who prevailed in adversary proceeding brought by debtors based on terms of earlier settlement of claims.
Issue(s)
Did bankruptcy court err in awarding attorneys' fees to creditors who prevailed in adversary proceeding brought by debtors based on terms of earlier settlement of claims?
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Court
:
Thompson v. Bronitsky
May
30
2014
Ruling
Debtor was not entitled to order compelling trustee to investigate a facially valid proof of claim.
Issue(s)
Did bankruptcy court err in denying debtor's motion to order trustee to investigate a proof of claim?
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Court
: