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northern district of california

In re Gifford

Ruling
Judicial liens avoided to the extent impairing debtor’s one-half interest in residence. (Bankr. N.D. Cal.)OVERVIEW
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 25, 2016 , LexisNexis #1116-084

Dove v. McOmber (In re Dove)

Ruling
Debtor's attorney's misrepresentation that debt to former spouse would be discharged was grounds for emotional distress damages.
Issue(s)
Should debtor be awarded damages for attorney's misrepresentation that debt to former spouse would be discharged in debtor's chapter 7 case?

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Consumer opinion summary, case decided on May 17, 2016 , LexisNexis #0616-015

Bass v. Tiscareno (In re Tiscareno)

Ruling
Discharge denied due to knowing and fraudulent misrepresentation regarding interest inresidence. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-093

Davis v. Battistella (In re Battistella)

Ruling
Discharge denied where debtor could not explain disposition of large amounts of money taken from investors.
Issue(s)
Should debtor's discharge be denied for failure to schedule former spouse's claim, failure to explain the loss of assets or to explain what happened with funds received from investors?

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Consumer opinion summary, case decided on May 09, 2016 , LexisNexis #0616-022

In re Cummings

Ruling
Compromise of creditor's claims was warranted to avoid lengthy litigation.
Issue(s)
Should creditor's secured and unsecured claims be allowed?

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Consumer opinion summary, case decided on May 06, 2016 , LexisNexis #0616-113

In re Arce Riverside LLC

Ruling
Debtor's and guarantors' attorneys' fees approved with reductions for duplicative or unnecessary work.
Issue(s)
Should attorneys' fee applications of debtors and loan guarantors be allowed?

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Commercial opinion summary, case decided on April 22, 2016 , LexisNexis #0516-071

In re Lake Tahoe Partners LLC

Ruling
Appointment of chapter 11 trustee warranted due to circumstances of proposed sale of sole significant asset.
Issue(s)
Should single asset chapter 11 case be dismissed?

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Commercial opinion summary, case decided on April 21, 2016 , LexisNexis #0516-094

Jadallah v. Carroll (In re Carroll)

Ruling
Debt was nondischargeable due to debtor's misrepresentations to creditor regarding renovation project.
Issue(s)
Was debt nondischargeable due to misrepresentations debtor made to induce creditor to extend a loan?

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Consumer opinion summary, case decided on April 13, 2016 , LexisNexis #0516-085

Buckley v. Bartenwerfer (In Bartenwerfer)

Ruling
Debt to creditor purchaser was nondischargeable due to debtors' knowing nondisclosure of leaks, status of permits, window problems, and a missing fire escape.
Issue(s)
Whether debtors fraudulently omitted disclosing material defects plaguing real property sold to creditor so as to make related debt nondischargeable?

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Consumer opinion summary, case decided on April 01, 2016 , LexisNexis #0416-120

Bethke v. Shane (In re Shane)

Ruling
Debtor's fraud in convincing creditor to liquidate IRA to fund a loan resulted in nondischargeable debt.
Issue(s)
Was debt nondischargeable where debtor defrauded creditor of retirement savings?

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Consumer opinion summary, case decided on March 25, 2016 , LexisNexis #0416-079