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eastern district of california

Svenhard's Swedish Bakery, In re

Ruling
Agreement to release a large debt contingent on prior full payment of an agreed smaller sumunder specific terms was not an executory contract that could be assumed and assigned overthe creditor's objection. (Bankr. E.D. Cal.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;

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Commercial opinion summary, case decided on December 19, 2022 , LexisNexis #0223-058

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

Sunergy Cal. LLC, In re

Ruling
Debtor's counsel was not entitled to fees for services rendered while acting as counsel for thedebtor in possession after a Chapter 11 trustee was appointed. (Bankr. E.D. Cal.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed;

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Commercial opinion summary, case decided on November 18, 2022 , LexisNexis #0123-078

Natera, In re

Ruling
Joinder was not permitted for certain parties that had previously sought to retroactively annulthe stay in this bankruptcy proceeding but were denied relief, because issue preclusionapplied. (Bankr. E.D. Cal.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on November 16, 2022 , LexisNexis #0123-55

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

Zetta Jet USA, Inc., In re--King v. Exp. Dev. Can.

Ruling
Res judicata barred the bankruptcy trustee from pursuing the foreign claims as the foreignaction involved the same parties and issues as the preference proceeding. (Bankr. C.D. Cal.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on August 08, 2022 , LexisNexis #1022-013

Estate of Taplin, In re

Ruling
Decedent’s estate’s administrator and attorney sanctioned as a reasonable inquiry wouldhave revealed that a decedent's estate was not eligible to be a debtor. (Bankr. E.D. Cal.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Consumer opinion summary, case decided on May 31, 2022 , LexisNexis #0722-099

Akins, In re--Black v. Akins

Ruling
There was no basis for imposing sanctions as the court did not find the conduct of creditor andcounsel rose to the appropriate level. (Bankr. E.D. Cal.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-026

Burns, In re

Ruling
Motion to confirm the absence of the automatic stay denied. (Bankr. E.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on April 27, 2022 , LexisNexis #0622-080

Golden, In re--Golden v. United States (IRS

Ruling
Debtors' 2008 late tax return qualified as a return for dischargeability purposes. (Bankr. E.D.Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.

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Consumer opinion summary, case decided on April 27, 2022 , LexisNexis #0622-084