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Village Oaks Senior Care, In re

Ruling
Creditor's objections to debtors' subchapter V eligibility were sustained as noncontingent liquidated debts of all debtors exceed the statutory cap in effect on the petition dates. (Bankr. E.D. Cal.)
Issue(s)
Definitions.

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Commercial opinion summary, case decided on October 11, 2024 , LexisNexis #1224-069

Chavez-Nunez, In re--Husted v. Chavez-Nunez

Ruling
Debtor denied discharge for withholding financial records from trustee with fraudulentintent. (Bankr. E.D. Cal.)
Issue(s)
Discharge; Grounds for Denial; Fraud; Withholding of Documents from Estate

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Consumer opinion summary, case decided on August 06, 2024 , LexisNexis #1024-034

Lupekha, In re

Ruling
Court concluded that $375 was a reasonable hourly rate for a bankruptcy attorney with justover sixteen years’ experience. (Bankr. E.D. Cal.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on March 14, 2024 , LexisNexis #0524-028

Navarro, In re

Ruling
Secured creditor, its foreclosure agent, and their attorney admitted that the automatic stay wasviolated which rendered the issuance, service, and recordation of the notice of trustee's salevoid. (Bankr. E.D. Cal.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 04, 2023 , LexisNexis #1023-005

Navarro, In re

Ruling
Secured creditor was not entitled to relief from the court's order sustaining debtor's objectionto the creditor's claim as the creditor failed to meet its ultimate burden in the claim objectionprocess. (Bankr. E.D. Cal.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on July 05, 2023 , LexisNexis #0923-050

Valentine, In re--Valentine v. Holmes

Ruling
Acts taken in violation of the automatic stay were void and of absolutely no effect regardlessof whether the acts were willful or so-called technical automatic stay violations. (Bankr. E.D.Cal.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on December 02, 2022 , LexisNexis #0223-003

Chatha, In re

Ruling
Chapter 7 trustee was not permitted to use his interest in an LLC to transfer hotel to himselfand then to the estate in order to sell it as the hotel was not property of the estate. (Bankr. E.D.Cal.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on September 06, 2022 , LexisNexis #1122-035

NIR West Coast, Inc., In re

Ruling
Court denied the allowance of all compensation and the reimbursement of all expensesrequested in the revised application as the law firm represented an interest adverse to theinterest of the bankruptcy estate during the term of its employment. (Bankr. E.D. Cal.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of

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Commercial opinion summary, case decided on April 05, 2022 , LexisNexis #0622-027

California Indep. Petroleum Ass'n, In re

Ruling
Retention and compensation of consultants was a valid exercise by the debtor of its businessjudgment and in the best interest of creditors. (Bankr. E.D. Cal.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on January 18, 2022 , LexisNexis #0322-003

Colusa Reg'l Med. Ctr., In re

Ruling
Chapter 7 trustee was allowed the reduced amount of $84,579.02 in fees on therecommendation of the United States Trustee in accordance with the rational relationship test.(Bankr. E.D. Cal.)
Issue(s)
Limitation on Compensation of Trustee; Compensation for Services Under Chapter 7 or

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Commercial opinion summary, case decided on October 12, 2021 , LexisNexis #1221-001