- 11 U.S.C.
Brady v. Otton (In re Hill Wine Co. LLC)
Jan
29
2015
Ruling
Counterclaim in avoidance proceeding dismissed as creditors could only recover from debtor by filing a valid proof of claim.
Issue(s)
Should creditors' counterclaim in avoidance proceeding seeking to recover from debtor be dismissed?
ABI Membership is required to access the full summary of Brady v. Otton (In re Hill Wine Co. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Koopen v. Aberle (In re Aberle)
Jan
21
2015
Ruling
State court finding of non-intoxication that was not necessary to judgment in boat accident case was not binding in nondischargeability proceeding.
Issue(s)
Was determination by state court in personal injury judgment that debtor was not intoxicated at the time of boat accident binding on bankruptcy court in nondischargeability proceeding?
ABI Membership is required to access the full summary of Koopen v. Aberle (In re Aberle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Koopen v. Aberle (In re Aberle)
Jan
21
2015
Ruling
State court finding of non-intoxication that was not necessary to judgment in boat accident case was not binding in nondischargeability proceeding.
Issue(s)
Was determination by state court in personal injury judgment that debtor was not intoxicated at the time of boat accident binding on bankruptcy court in nondischargeability proceeding?
ABI Membership is required to access the full summary of Koopen v. Aberle (In re Aberle) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re McIntosh
Jan
16
2015
Ruling
Debtor's former counsel's fee application denied due to breach of duty loyalty to client.
Issue(s)
Did debtor's former counsel breach the duty of loyalty to the debtor by switching sides on issue of whether avoided deed of trust was preserved for the benefit of the estate?
ABI Membership is required to access the full summary of In re McIntosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Board of Admin. Cal. Pub. Employees. Ret. Sys. v. Teixeira (In re Teixeira)
Jan
02
2015
Ruling
Overpayments of benefits were dischargeable absent showing of intent.
Issue(s)
Was debtor's failure to inform state retirement system of her father's death and her willing receipt of the overpayments "larceny" that would render the debt nondischargeable?
ABI Membership is required to access the full summary of Board of Admin. Cal. Pub. Employees. Ret. Sys. v. Teixeira (In re Teixeira) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Coreas
Dec
16
2014
Ruling
Revaluation of property not warranted where debtor had obtained a valuation order to which creditor did not object.
Issue(s)
Should creditor's post-confirmation objection to valuation of debtor's property be sustained or overruled?
ABI Membership is required to access the full summary of In re Coreas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rosa
Dec
10
2014
Ruling
Discharge injunction from debtor's prior case prevented creditor from resurrecting in personam claim against debtor in current chapter 13 case.
Issue(s)
Did mortgagee hold an allowed unsecured in personam claim against "chapter 20" debtor after chapter 7 discharge?
ABI Membership is required to access the full summary of In re Rosa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Zeilinger
Nov
24
2014
Ruling
Relief from stay granted to allow creditor to pursue claims against debtor based on alleged fraud and predatory practices.
Issue(s)
Should relief from stay be granted due to lack of adequate protection?
ABI Membership is required to access the full summary of In re Zeilinger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Khaury
Oct
23
2014
Ruling
Debtor sanctioned for contempt and barred from attacking validity of court approved sale.
Issue(s)
Should debtor be held in contempt for filing postconfirmation state court conspiracy action which also sought to challenge the validity of a sale approved by the bankruptcy court?
ABI Membership is required to access the full summary of In re Khaury Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schoenmann v. Torchia (In re Synergy Acceptance Corp.)
Oct
22
2014
Ruling
Reference of remaining state-law based avoidance proceeding withdrawn.
Issue(s)
Should district court withdraw the reference of a non-core proceeding based on state law?
ABI Membership is required to access the full summary of Schoenmann v. Torchia (In re Synergy Acceptance Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: