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Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton)

Aug
25
2006
Ruling
Postpetition recording of deeds from debtor to prepetition irrevocable trust was avoidable.
Procedural posture

Plaintiff debtor brought an adversary proceeding against defendant trustee in bankruptcy, and the trustee filed cross-claims. At issue was whether the debtor effectively transferred certain real property to an irrevocable trust prior to filing for bankruptcy, so that it was not property of the bankruptcy estate and could not effectively be sold by the trustee. The trustee moved for summary judgment and to dismiss the claims.

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opinion summary, case decided on August 25, 2006 , LexisNexis #1006-099
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Lam v. Conrad (Lam)

Jun
27
2006
Ruling
Court denied former spouse's motion for partial summary judgment on nondischargeability claim.
Procedural posture

Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that certain claims arising from their dissolution proceeding were nondischargeable pursuant to 11 U.S.C. § 523(a)(4) and 11 U.S.C. § 523(a)(15). The former spouse moved for partial summary judgment with respect to her claim under 11 U.S.C. § 523(a)(4).

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opinion summary, case decided on June 27, 2006 , LexisNexis #0806-089
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In re Pak

May
18
2006
Ruling
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
Procedural posture

The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.

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opinion summary, case decided on May 18, 2006 , LexisNexis #0606-076
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In re Quintero

May
05
2006
Ruling
Reaffirmation agreement was not approved and creditor was prohibited from repossessing car since agreement did not meet disclosure requirements of section 524(k).
Procedural posture

Petitioner debtor requested approval of her reaffirmation agreement with a secured creditor.

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opinion summary, case decided on May 05, 2006 , LexisNexis #0606-073
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Kendall v. Turner (In re Turner)

Dec
05
2005
Ruling
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
Procedural posture

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.

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opinion summary, case decided on December 05, 2005 , LexisNexis #0106-059
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Kendall v. Turner (In re Turner)

Dec
05
2005
Ruling
Debtor was denied discharge due to the debtor's efforts to defraud creditors by concealing retained interest in the debtor's home.
Procedural posture

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.

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opinion summary, case decided on December 05, 2005 , LexisNexis #0106-061
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