- 11 U.S.C.
Ramirez, In re--Hopper v. Castaneda
Jul
19
2024
Ruling
Court had discretion to correct clerical errors and mistakes as the original judgment avoidingand recovering a transfer of a fractional property interest and preserving it for the benefit ofthe estate was incomplete. (Bankr. E.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations.
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:
- 11 U.S.C.
Valdellon, In re--Valdellon v. Wells Fargo Bank, N.A.
May
17
2024
Ruling
Debtors failed to allege a plausible amended claim for failure to properly credit planpayments. (Bankr. E.D. Cal.)
Issue(s)
Effect of Discharge.
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Valdellon, In re--Valdellon v. Wells Fargo Bank, N.A.
Apr
30
2024
Ruling
Plaintiffs could not recover nonpecuniary emotional distress damages based on a claim under11 U.S.C. § 524(i), which treated a violation of its terms as a violation of § 524(a)(2). (Bankr. E.D.Cal.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Lupekha, In re
Mar
14
2024
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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:
- 11 U.S.C.
Fiedler, In re--Golden One Credit Union v. Fiedler
Nov
02
2023
Ruling
Sanctions were warranted where creditor did not make a reasonable inquiry prior to filing suitto show that the debtor intended from the start to defraud it. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Frazier, In re--First Trust v. Frazier
Oct
11
2023
Ruling
Court found that there were no representations relied upon by plaintiff-trustee relating to anylegally enforceable rights, thus, there were no damages that plaintiff suffered due to anyasserted fraud. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Navarro, In re
Aug
04
2023
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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Navarro, In re
Jul
05
2023
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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:
- 11 U.S.C.
Love, In re--Love v. United States Dep't of Educ.
Apr
05
2023
Ruling
Debtor was entitled to discharge of all of her student loan liability as an undue hardship as she established by a preponderance of the evidence all of the elements of the controlling Brunner-Pena test. (Bankr. E.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Oliver, In re
Mar
23
2023
Ruling
Debtor's motion to compel abandonment of his homestead property was denied as premature as the deadline for any party in interest to object did not expire until the case closed. (Bankr. E.D. Cal.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.
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