- FRBP
In re Vargas
Oct
22
2008
Ruling
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
Procedural posture
The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.
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Court
:
- 11 U.S.C.
Humphrey-Baker v. United Airlines Inc.
Oct
21
2008
Ruling
Employment discrimination action barred to extent predating debtor employer's plan confirmation.
Procedural posture
Defendant, a former employer of plaintiff employee, filed a motion for summary judgment in the employee's action, which alleged that the employer violated California's Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12940, by discriminating against her based on her physical disability and by failing to offer reasonable accommodations.
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Court
:
Fearing v. Serror (In re Fearing)
Oct
21
2008
Ruling
Debtor's exempt personal injury settlement proceeds could be distributed to satisfy debt secured by tax lien.
Procedural posture
Appellant debtors challenged an order from a bankruptcy court that granted summary judgment in favor of appellee trustee in the trustee's action for declaratory relief. The trustee sought a determination that the debtors were not entitled to the proceeds from a personal injury settlement. The debtors filed a motion to alter and amend that judgment.
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Court
:
AFI Holding Inc. v. Barclay
Sep
04
2008
Ruling
Bankruptcy court erred in finding that investors in debtor's Ponzi scheme did not exchange reasonably equivalent value up to amount invested.
Procedural posture
Appellants, investors in chapter 7 debtor, challenged a decision of the Bankruptcy Court for the Central District of California, which granted appellee chapter 7 trustee summary judgment in an action to avoid transfers the debtor made to the investors prior to the debtor's bankruptcy pursuant to 11 U.S.C.S. § 544(b). The trustee cross-appealed the bankruptcy courts denial of prejudgment interest.
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Court
:
- 11 U.S.C.
Hurrell v. Barker (In re Barker)
Sep
03
2008
Ruling
Debtors'alleged nondisclosure of defects in house was not basis for nondischargeable debt where purchaser did not sufficiently investigate.
Procedural posture
Plaintiff purchasers of a house from defendant bankruptcy debtors brought an adversary proceeding against the debtors seeking a determination that the purchasers'claim for the cost of repairs to the house was not dischargeable based on fraud and willful and malicious injury under 11 U.S.C.S. § 523(a)(2)(A), (a)(6). The bankruptcy court conducted a trial.
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Court
:
PM Factors Inc. v. Kriesel (In re Kriesel)
Aug
14
2008
Ruling
Debtor lacked standing to bring breach of contract and fiduciary duty and fraud proceeding where trustee had not abandoned any causes of action.
Procedural posture
Counter-claimant debtor filed counterclaims against counter-defendant creditor and its directors, alleging, inter alia, breach of contract, fraud, breach of fiduciary duty, and interferences with contract and prospective economic advantage. The creditor and directors moved to dismiss the counterclaim.
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Court
:
- 11 U.S.C.
In re Pro-Fit Holdings Ltd.
Jul
11
2008
Ruling
Application of stay was appropriate provisional relief to bar enforcement of district court order pending recognition of debtors' foreign proceeding.
Procedural posture
Petitioners, the joint administrators of three chapter 15 debtors, sought provisional relief under 11 U.S.C.S. § 1519 to apply 11 U.S.C.S. § 362 to stay the enforcement of a U.S. district court order, following judgment on the merits, attaching the U.S. assets of the debtors. Initially the administrators sought a temporary restraining order, but then modified their request. Two creditors were also before the court.
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Court
:
- 11 U.S.C.
In re Morales
May
08
2008
Ruling
Redemption value of vehicle set at Blue Book value on date of hearing.
Procedural posture
Debtor moved for authority to redeem personal property and approval of associated financing under 11 U.S.C.S. § 722. The matter was before the court to determine the appropriate method for calculating the replacement value of a vehicle under the retail value standard of the second sentence of 11 U.S.C.S. § 506(a)(2).
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Court
:
- 11 U.S.C.
In re Valley Health Sys.
Feb
20
2008
Ruling
Health care district was eligible under chapter 9 despite failure to negotiate plan of adjustment which would have been impracticable.
Procedural posture
Debtor, a California health care district, filed a petition under chapter 9 of the Bankruptcy Code. A bank that held bonds issued by the district filed an objection to the district's petition, claiming that the district was ineligible for relief under chapter 9, and two unions also filed an objection which asked that the court reject any premise that the bankruptcy resulted from the district's obligations to its employees.
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Court
:
- 11 U.S.C.
In re Mi La Sul
Nov
09
2007
Ruling
Involuntary petitions filed by unsecured creditor in order to negotiate with foreclosing lender during stay dismissed as filed in bad faith.
Procedural posture
A noticed order to show cause hearing was before the court in six related involuntary bankruptcy cases.
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Court
:
( Judge Tighe ) [ Bankruptcy Court ]