King, In re--Wolverine Endeavors VIII, LLC v. East West Bank
Oct
29
2024
Ruling
Bankruptcy court did not err in dismissing the involuntary petition against debtor pursuant to the numerosity requirements as three petitioning creditors were required to commence case and only two joined the petition. (B.A.P. 9th Cir.)
Issue(s)
Involuntary Cases; Commencement.
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Court
:
- 11 U.S.C.
Ponte, In re
Feb
02
2024
Ruling
Debtor's inherited IRA did not qualify for exemption as debtor was unable to make anycontributions to the IRA. (Bankr. N.D. Cal.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
Mariner Health Cent., Inc., In re
Jan
17
2023
Ruling
Automatic stay was not appropriate to protect non-debtor affiliates from ongoing litigation.(Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Scope.
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Court
:
Mariner Health Cent., Inc., In re
Jan
12
2023
Ruling
Extension of the automatic stay denied where debtors did not identify any irreparable harmthat could arise in the relevant time period. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Merriman, In re--Merriman v. Fattorini
Jul
13
2020
Ruling
Bankruptcy court did not abuse its discretion in retroactively annulling the automatic stay to allow a state court wrongful death action to proceed as the state court case involved exclusively state law claims. (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
Washington, In re--Washington v. Real Time Resolution, Inc.
Jul
30
2019
Ruling
Judgment reversed where unsecured claim was allowed due to the bankruptcy courtskipping a critical step in determining the status of the claim. (B.A.P. 9th Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
Judge or Jurisdiction information not available
Longmire, In re
Mar
28
2019
Ruling
Motions for summary judgment denied as facts did not show that creditor reasonably reliedon debtor's misrepresentations. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Caesars Entm't Operating Co., In re--Moti Partners, LLC v. Desert Palace, Inc.
Aug
20
2018
Ruling
Remand order that was based on the grounds set forth in 28 U.S.C. § 1447(c) was not reviewable even if the claims at issue were removed. (B.A.P. 9th Cir.)
Issue(s)
Procedure After Removal Generally; Reviewability on Appeal.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Curtis, In re--Curtis v. Shpak
Aug
18
2017
Ruling
Court ruled that the law did not authorize the removal of the case from a federal court to abankruptcy court. (B.A.P. 9th Cir.)
Issue(s)
Removal of Claims Related to Bankruptcy.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Marr Sanchez & Assocs. v. Hernandez (In re Hernandez)
Aug
16
2016
Ruling
In rem relief denied to creditor that was not secured. (Bankr. N.D. Cal.)
Issue(s)
Was creditor entitled in in rem relief from the automatic stay?
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Court
: