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judge lastreto ii

Villa, In re--Vokshori Law Grp. v. Villa

Ruling
Debt owed to law firm for loan modification services was dischargeable as law firm failed toprove that debtor did not intend to pay when he and his wife signed the legal servicesagreement. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 07, 2022 , LexisNexis #0622-009

Cervantes, In re

Ruling
Debtor’s counsel ordered to disgorge excessive fees for plan modification that were notpreviously approved by the court. (Bankr. E.D. Cal.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on April 14, 2020 , LexisNexis #0620-027

Krisiak, In re

Ruling
Disgorgement of fee was warranted where bankruptcy counsel could not provide legalservices to complete Chapter 13 cases and assist debtors with post confirmation issues. (Bankr. E.D. Cal.)
Issue(s)
Debtor’s Transactions with Attorneys; Excessive Compensation.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-055

3MB, LLC, In re

Ruling
Objection to allowance of claim for default interest overruled as provision was notunenforceable as an invalid liquidated damage clause under California and Bankruptcy law. (Bankr. E.D. Cal.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on December 05, 2019 , LexisNexis #0120-036

Rodriguez, In re

Ruling
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined; Income Not

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Consumer opinion summary, case decided on August 21, 2019 , LexisNexis #1019-071

Langston, In re--Langston v. IRS

Ruling
Court dismissed attorney's fees claim where debtors had not exhausted their administrativeremedies prior to filing. (Bankr. E.D. Cal.)
Issue(s)
Waiver of Sovereign Immunity.

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Consumer opinion summary, case decided on March 27, 2019 , LexisNexis #0619-002

Aparicio, In re

Ruling
Bankruptcy debtor ineligible for chapter 13 relief as the amount his ex-wife claimed under a marital settlement agreement, which was incorporated into a dissolution judgment, exceeded the eligibility limits for unsecured debts. (Bankr. E.D. Cal.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion summary, case decided on August 23, 2018 , LexisNexis #1018-033

Lusk, In re--Peterson v. Lusk

Ruling
Debt was nondischargeable where debtor breached his fiduciary duty when he took the fundswithout former spouse's knowledge or consent and was sufficient to prove debtor'sdefalcation and requisite intent. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-069