Skip to main content

Page Banner(Taxonomy)

middle district

United States v. Milwitt

Feb
05
2007
Ruling
Bankruptcy fraud conviction reversed where debtor filed to defraud tenants he was assisting but not tenant's landlord creditors.
Procedural posture

Defendant sought review of a judgment from the District Court for the Northern District of California, which convicted him upon a jury verdict on five counts of bankruptcy fraud in violation of 18 U.S.C. § 157.

ABI Membership is required to access the full summary of United States v. Milwitt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 05, 2007 , LexisNexis #0307-069
LexisNexis Article
Learn More

Sovereign Bank v. Finnegan (In re Finnegan)

Nov
30
2006
Ruling
Vehicle purchased by debtor for spouse's business use was not subject to hanging paragraph and secured creditor's claim could be bifurcated.
Procedural posture

Creditor bank filed a proof of claim for $22,577.68, secured by a 2004 Dodge Grand Caravan financed in the name of debtor. Debtor proposed to cram down its claim to the value of the collateral. Creditor objected, asserting that the plan could not be confirmed because debtor's proposed treatment of the claim was prohibited by the "hanging paragraph"following 11 U.S.C. § 1325(a)(9).

ABI Membership is required to access the full summary of Sovereign Bank v. Finnegan (In re Finnegan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 30, 2006 , LexisNexis #0207-049
LexisNexis Article
Learn More

City & County of San Francisco v. PG&E Corp.

Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.

ABI Membership is required to access the full summary of City & County of San Francisco v. PG&E Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2006 , LexisNexis #0106-127
LexisNexis Article
Learn More

Verdini v. Poirier (In re Verdini)

Dec
02
2005
Ruling
Marital debts were deemed dischargeable since the alimony was actually compensation for unequal distribution of corporate assets.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, alleging that debts to the spouse arising from the parties'settlement agreement in their divorce proceedings were dischargeable. The spouse contended that the debts were nondischargeable under 11 U.S.C. § 523(a)(5) and (15) as alimony and as marital debts which the debtor was able to pay.

ABI Membership is required to access the full summary of Verdini v. Poirier (In re Verdini) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 02, 2005 , LexisNexis #0506-126
LexisNexis Article
Learn More
Subscribe to %1