Skip to main content

Page Banner(Taxonomy)

judge tighe

In re Williams

Ruling
Debtor could claim exemption in inherited pension plan income stream. (Bankr. C.D. Cal.)
Issue(s)
Was debtor entitled to an exemption in an income stream from her deceased father's pension?

ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 16, 2016 , LexisNexis #0916-008

Joudeh v. Truppa (In re Truppa)

Ruling
Non dishchargeability proceedings dismissed as creditor had not met burden of proof. (Bankr.C.D. Cal.)
Issue(s)
was debt related to creditor’s investment in film festival organized by debtor nondischargeable?

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

Consumer opinion summary, case decided on August 12, 2016 , LexisNexis #0916-010

Hayden v. Denos (In re Hayden)

Ruling
Transfer of property could not be avoided as fraudulent where debtor was not insolvent when made.
Issue(s)
Whether debtor was insolvent at the time of the alleged fraudulent transfers or became insolvent as a result of the transfers?

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

Consumer opinion summary, case decided on December 28, 2015 , LexisNexis #0116-098

In re Breul

Ruling
Creditor sanctioned for filing lien on debtor's property despite actual notice of bankruptcy in a willful violation of the automatic stay.
Issue(s)
Should creditor be sanctioned for violating the automatic stay and later the discharge injunction by failing to remove postpetition lien from debtor's property?

ABI Membership is required to access the full summary of In re Breul Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-009

Seror v. Lopez (In re Lopez)

Ruling
Discharge denied due to debtor's failure to keep adequate records or timely provide necessary information to trustee.
Issue(s)
Should debtor's case be dismissed due to a failure to keep adequate records or produce documentation requested by the trustee?

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

Consumer opinion summary, case decided on June 19, 2015 , LexisNexis #0715-057

A & S Inv. LLC v. Wank (In re Wank)

Ruling
Debtor not entitled to attorneys' fees incurred in defending nondischargeability proceeding.
Issue(s)
Was debtor entitled to attorneys' fees incurred in defending nondischargeability proceeding?

ABI Membership is required to access the full summary of A & S Inv. LLC v. Wank (In re Wank) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 14, 2015 , LexisNexis #0615-056

Bank of Am. v. CD-04 Inc. (In re Owner Mgmt. Serv. LLC)

Ruling
Bankruptcy court had authority to consolidate debtor with non-debtor entities where affairs were so entangled as to constitute a single enterprise.
Issue(s)
Were the financial affairs of the debtor and individual defendants are so entangled that they constitutes a single enterprise justifying substantive consolidation by the bankruptcy court?

ABI Membership is required to access the full summary of Bank of Am. v. CD-04 Inc. (In re Owner Mgmt. Serv. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 29, 2015 , LexisNexis #0515-107

In re Ateco Inc.

Ruling
Extension of time for creditor to appeal denied in absence of excusable neglect.
Issue(s)
Did disallowed creditor establish excusable neglect that would justify extension of time to file an appeal?

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

Commercial opinion summary, case decided on April 14, 2015 , LexisNexis #0515-034

Gottlieb v. Fayerman (In re Ginzburg)

Ruling
Denial of discharge reversed on reconsideration as trustee could not assume and waive debtor's attorney-client privilege to obtain information from counsel used as basis for decision.
Issue(s)
Should motion for reconsideration be granted regarding application of debtor's attorney-client privilege with respect to communications with divorce attorneys on which court relied in originally granting denial of discharge?

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

Consumer opinion summary, case decided on September 04, 2014 , LexisNexis #1014-037

Castillo-Gonzales v. Bey (In re Bey)

Ruling
Late-filed nondischargeability complaint related back to timely but incorrectly filed complaint.
Issue(s)
Should late-filed, postdischarge objection to discharge, following a timely but incorrectly filed third party complaint objecting to discharge, be allowed?

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

Consumer opinion summary, case decided on August 14, 2014 , LexisNexis #0914-069