Durkin v. Ghafouri (In re Ghafouri)
Jan
03
2013
Ruling
Objection to discharge overruled due to failure to produce evidence to rebut debtor's testimony relating to nondisclosures.
Procedural posture
Plaintiffs filed an action seeking to deny the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (a)(4), alleging that the debtor concealed assets and made false statements in his schedules and statement of financial affairs.
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Court
:
- 11 U.S.C.
In re Hernandez-Panameno
Oct
12
2012
Ruling
Attorneys' fees, emotional distress damages and punitive damages awarded for stay violation.
Procedural posture
After the bankruptcy court found that a creditor violated the automatic stay, it held a hearing to establish the amount of damages to be awarded for that violation.
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Court
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In re Plant Insulation Co.
Aug
08
2012
Ruling
Law firm could be appointed as special negotiating counsel to creditors' committee and compensated for services by estate.
Procedural posture
The court held a hearing regarding the application of the Creditors Committee to appoint a law firm as special counsel to the Committee for the purpose of conducting settlement negotiations with various insurance companies.
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Court
:
- 11 U.S.C.
In re 2655 Bush LLC
Jul
09
2012
Ruling
Relief from stay denied due to equity cushion and opportunity for debtor to sell property.
Procedural posture
In debtors' chapter 11 case, the court held a final hearing regarding two property companies' (Lender's) motion for relief from the 11 U.S.C.S. § 362 stay.
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Court
:
In re Plant Insulation Co.
Mar
16
2012
Ruling
Plan creating trust pursuant to settlement with asbestos victims confirmed.
Procedural posture
Chapter 11 debtor's plan of reorganization came on for confirmation hearing. Debtor was a manufacturer of insulation facing multiple asbestos claims. The plan created a trust of which the University of California, San Francisco Pulmonary and Critical Care Division is the sole beneficiary.
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Court
:
In re McCullers
Jun
09
2011
Ruling
Confirmation denied due to debtor's failure to pay all projected disposable income to unsecured creditors.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors. A trustee who was appointed to administer the debtor's plan filed an objection to the plan, contending that the plan could not be confirmed under 11 U.S.C.S. 1325(b) because it did not require the debtor to pay all of his projected disposable income to unsecured creditors.
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Court
:
- 11 U.S.C.
Lewellen v. Access Group Inc. (In re Lewellen)
Dec
02
2010
Ruling
Student loan debt discharged for undue hardship except for portion on which debtor had not sought to make good faith effort to repay.
Procedural posture
Plaintiff debtor sought a determination that her student loans should be discharged under 11 U.S.C.S. § 523(a)(8), because repayment of those loans would impose an undue hardship on her.
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Court
:
- 11 U.S.C.
Elder v. Greer (In re Sand Hill Capital Partners III LLC)
Oct
25
2010
Ruling
Motion to dismiss fraudulent transfer claims granted with leave to amend all but claim that was time barred.
Procedural posture
Chapter 7 trustee brought adversary proceedings against a number of defendants, alleged to be transferees. The Trustee alleged, among a number of other matters, intentional and constructively fraudulent transfers under the California Uniform Fraudulent Transfer Act (UFTA). Before the court was defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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Court
:
In re One Vision Park Inc.
Jun
03
2010
Ruling
Estate funds could be used to pay member of unsecured creditors' committee to review claims of creditor whose principal was also a member.
Procedural posture
The U.S. Trustee appointed a committee of unsecured creditors in a bankruptcy case, and the bankruptcy debtor moved pursuant to 11 U.S.C.S. § 363(b) for authority to use estate funds to pay a member of the committee to review claims of a creditor whose principal was also a member of the committee and a reviewer of claims.
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Court
:
In re One Vision Park Inc.
Jun
03
2010
Ruling
Investment company not entitled to administrative expense claim for finding buyer for property as it was not appointed by court.
Procedural posture
Four weeks after the bar date for administrative claims, the claimant, which was an investment company, sought allowance of an administrative claim for allegedly finding a buyer that purchased a certain parcel from the debtor in its chapter 11 case. The claimant sought compensation for such services in the amount of the ten-percent commission specified in the pre-petition agreement between itself and the debtor.
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Court
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