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northern district of california

Board of Trs. v. Quinones (In re Quinones)

Ruling
Debtors' motion for sanctions against boards of trustees that managed employee benefit accounts denied.
Issue(s)
Should sanctions be assessed against two boards of trustees that managed employee benefits trusts for bringing insufficient or improper proceedings against debtors?

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Consumer opinion summary, case decided on December 19, 2015 , LexisNexis #0116-105

Everett v. Darrow Family Partners (In re Pac. Thomas Corp.)

Ruling
Chapter 11 trustee could avoid transfers by debtor in proceeding that was not barred by res judicata as prior proceeding against debtor's president was factually distinguishable.
Issue(s)
Was trustee's avoidance proceeding barred by res judicata due to earlier proceeding against debtor's president?

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Commercial opinion summary, case decided on December 08, 2015 , LexisNexis #1215-123

Everett v. Thomas Capital Invs. (In re Pac. Thomas Corp.)

Ruling
Transfers made while debtor was insolvent for less than equivalent value could be avoided.
Issue(s)
Were transfers by debtor and its property manager to investment company avoidable?

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Commercial opinion summary, case decided on December 08, 2015 , LexisNexis #1215-122

In re Landmark West LLC

Ruling
Debtor was bound by default rate of interest on note due to failure to object prior to confirmation.
Issue(s)
Did default rate of interest apply on claim pursuant to terms of confirmed chapter 11 plan?

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Commercial opinion summary, case decided on December 02, 2015 , LexisNexis #1215-129

In re Cummings

Ruling
State court issuance of writ of attachment was preclusive as to liquidated nature of claim so that debtor exceeded chapter 13 debt limits.
Issue(s)
Was claim for which state court issued a writ of attachment liquidated so as to cause debtor to exceed chapter 13 debt limits and require dismissal or conversion?

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Consumer opinion summary, case decided on November 20, 2015 , LexisNexis #1215-036

In re Mac-Go Corp.

Ruling
Bank held an unsecured claim for fees after its lien terminated when its loan was fully satisfied.
Issue(s)
Was creditor entitled to a secured claim for fees where loan secured by creditor's lien had been fully satisfied?

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Commercial opinion summary, case decided on November 19, 2015 , LexisNexis #1215-041

In re Tapang

Ruling
Debtor's proposed cramdown rate of interest on loan securing real property approved.
Issue(s)
Could chapter 11 debtor cramdown the interest rate on a loan secured by real property?

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Consumer opinion summary, case decided on November 05, 2015 , LexisNexis #1215-024

In re Bowie

Ruling
Debtor's plan could not propose a lower valuation for real property securing a loan than the value previously stated in schedules.
Issue(s)
Could chapter 11 plan reduce junior lien to the value of debtor's real property?

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Consumer opinion summary, case decided on November 05, 2015 , LexisNexis #1215-023

In re Shaw

Ruling
Creditor sanctioned for naming debtor in state court action for collection of discharged debt in violation of discharge injunction.
Issue(s)
Did creditor's amended complaint in state court case against debtor violate the discharge injunction?

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Consumer opinion summary, case decided on October 29, 2015 , LexisNexis #1215-015

In re Gerevich

Ruling
Landlord's proof of claim allowed over debtors' objection.
Issue(s)
Could landlord's proof of claim be allowed over debtors' objection?

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Consumer opinion summary, case decided on October 19, 2015 , LexisNexis #1115-046