- 11 U.S.C.
Petersen, In re--Petersen v. IRS
Oct
23
2017
Ruling
Income tax liabilities were excepted from discharge as debtor's returns were not honest and reasonable attempts to comply with filing of timely returns. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.
ABI Membership is required to access the full summary of Petersen, In re--Petersen v. IRS Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Allen, In re
Oct
03
2017
Ruling
Part of judicial lien that impaired debtors' exemption was avoided. (Bankr. E.D. Cal.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.
ABI Membership is required to access the full summary of Allen, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hatch, In re
Aug
30
2017
Ruling
Court determined that no portion of the bank's claim was allowed as a secured claim basedon debtors' valuation. (Bankr. E.D. Cal.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
ABI Membership is required to access the full summary of Hatch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dynowski, In re
Feb
28
2017
Ruling
Court found clear and convincing evidence of debtor's attorney's bad faith and willfulmisconduct after filing cases without being a member of the bar of the court and failing to filea fee disclosure as required by the bankruptcy code. (Bankr. E.D. Cal.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
ABI Membership is required to access the full summary of Dynowski, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Dynowski
Aug
11
2016
Ruling
Debtor’s attorney sanctioned for filing cases without being admitted to the court, withoutfiling required disclosures and solely to take advantage of the automatic stay. (Bankr. E.D. Cal.)
Issue(s)
Should debtor’s attorney be sanctioned for filing case without being a member of the bar of the court where the case was filed and then failing to appear in its proper prosecution?
ABI Membership is required to access the full summary of In re Dynowski Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Alexandrov v. Semenyuk (In re Semenyuk)
Sep
02
2015
Ruling
Fraudulent promise to deliver motor vehicles in exchange for payment resulted in nondischargeable debt.
Issue(s)
Was debt nondischargeable where debtor falsely represented his intention to sell creditor two operational commercial vehicles for $20,000 and then failed to repay the funds as promised?
ABI Membership is required to access the full summary of Alexandrov v. Semenyuk (In re Semenyuk) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bensi v. Eshelman (In re Eshelman)
Mar
31
2015
Ruling
Unpaid ERISA withdrawal liability was dischargeable absent evidence that failure to pay was willful or malicious or that debtor owed a fiduciary duty before the wrongdoing occurred.
Issue(s)
Was debt arising from unpaid employer ERISA trust fund contributions and withdrawal liability nondischargeable?
ABI Membership is required to access the full summary of Bensi v. Eshelman (In re Eshelman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Bulmer
Dec
05
2013
Ruling
Dismissal of involuntary case was not grounds for recusal of bankruptcy judge.
Issue(s)
Should bankruptcy judge be recused based on dismissal of involuntary petition.
ABI Membership is required to access the full summary of In re Bulmer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ewais v. Hsia (In re Hsia)
Apr
10
2013
Ruling
Judgment debt based on theft was nondischargeable.
Procedural posture
In an adversary proceeding, the issue concerned the dischargeability of a debt, previously established in state court, which arose from a theft by defendant debtor of plaintiff individual's personal property.
ABI Membership is required to access the full summary of Ewais v. Hsia (In re Hsia) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rose v. Healy (In re Healy)
Mar
29
2013
Ruling
Fees and costs awarded to creditor for defending meritless lawsuit brought by debtor were nondischargeable.
Procedural posture
Plaintiff judgment creditor sought to except from defendant debtor's chapter 7 discharge the fees and costs she incurred while defending a meritless lawsuit brought against her by the debtor. The creditor maintained that the prosecution of the suit was both willful and malicious under 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of Rose v. Healy (In re Healy) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: