Regal Fin. Bank v. Heaton (In re Heaton)
May
23
2011
Ruling
Creditor could not set off postpetition assessment of debtor's attorneys' fees against its prepetition claim against debtor.
Procedural posture
Defendant Chapter 11 debtors were prevailing parties in plaintiff creditor's complaint seeking to render nondischargeable a debt evidenced by two pre-bankruptcy commercial guaranties in the creditors' favor. The debtors moved for an award of attorney's fees against the creditor pursuant to an attorney's fees clause in the commercial guaranties.
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Court
:
- 11 U.S.C.
Arriva Pharms. Inc. v. Lezdey (In re Arriva Pharms. Inc.)
Apr
26
2011
Ruling
State court action challenging debtor's assumption of prepetition lien agreement was barred by confirmation order.
Procedural posture
Chapter 11 debtor, whose plan had been confirmed, brought an adversary complaint against defendants, parties bringing a state court action against the debtor challenging the debtor's assumption of a pre-petition license agreement. Debtor moved for summary judgment on its claim asserting that the state court plaintiffs were barred from bringing and prosecuting the state court suit.
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Court
:
Martinez v. Vergara (In re Vergara)
Nov
18
2010
Ruling
Claim relating to debtor's purchase of real property from creditor was dischargeable absent evidence of fraud, misrepresentation or fiduciary relationship.
Procedural posture
Creditor sought a determination that a debt owed to him by a chapter 7 creditor was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) (fraud), 11 U.S.C.S. § 523(a)(2)(B) (false financial statement), 11 U.S.C.S. § 523(a)(4) (fiduciary fraud. The debt arose from the purchase of the creditor's real property by the debtor.
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Court
:
- 11 U.S.C.
Landis v. Bell (In re Bell)
Oct
25
2010
Ruling
Discharge revoked due to misrepresentations and omissions intended to defraud creditor and trustee.
Procedural posture
Plaintiff Acting United States Trustee (UST) filed an adversary proceeding against defendant chapter 7 debtor, seeking an order under 11 U.S.C.S. § 727(d)(1) which revoked a prior order the court entered which granted the debtor a general discharge. The case was tried to the court.
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Court
:
In re NWP Concord II LLC
Sep
01
2010
Ruling
Relief from stay granted where single real estate asset debtor's property had no equity and creditor was not adequately protected.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) in order to proceed with its sale of a chapter 11 debtor's property.
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Court
:
- 11 U.S.C.
Bank of Am. V. MBNA Am. Bank (In re Malfatti)
May
28
2010
Ruling
Default judgment issued in case based on fraudulent debt elimination scheme after debtor violated court orders was nondischargeable.
Procedural posture
Plaintiff banks sought summary judgment on an adversary complaint seeking a determination that, by the application of collateral estoppel, the liability of defendant debtor under a pre-bankruptcy default judgment issued by a state court was nondischargeable per 11 U.S.C.S. § 523(a)(6). Issues included the effect, if any, on the application of collateral estoppel that the judgment was a default judgment issued after debtor violated court orders.
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Court
:
- 11 U.S.C.
Dimonyannis v. Sallie Mae Servicing (In re Dimonyannis)
Apr
29
2010
Ruling
Debtor who could maintain minimal standard of living while making payments denied an undue hardship discharge of student loan debt.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant student loan servicing company seeking an undue hardship discharge of his student loan obligations under 11 U.S.C.S. § 523(a)(8).
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Court
:
In re Lawton
Jan
12
2010
Ruling
Judgment lien avoided as impairing debtor's preexisting community property interest in homestead.
Procedural posture
A creditor, the former spouse of a chapter 13 debtor, filed an objection to the debtor's claim of a homestead exemption under Cal. Code Civ. Proc. § 704.730(a)(2).
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Court
:
In re Pacific Rollforming LLC
Sep
30
2009
Ruling
Involuntary case dismissed where one petitioning creditor acquired a claim solely to join the petition and in best interests of debtor and creditors.
Procedural posture
In a contested involuntary chapter 7 case, the debtor opposed entry of an order for relief on the ground that one or more of the petitioning creditors was not a qualified petitioner. Alternatively, the debtor contended that the court should abstain from proceeding with the case because abstention would be in the best interests of the debtor and its creditors.
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Court
:
- 11 U.S.C.
In re R. Ring Enters.
Feb
19
2009
Ruling
Leases that debtor proposed to assume were not deemed rejected after 120 days when confirmation of timely filed chapter 11 plan was still pending.
Procedural posture
A debtor filed for relief under chapter 11. A landlord moved for an order requiring the debtor to surrender and vacate a premises on the ground that the debtor's prepetition premises leases were terminated by operation of 11 U.S.C.S. § 365(d)(4).
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Court
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