Skip to main content

Page Banner(Taxonomy)

northern district of california

Mariner Health Cent., Inc., In re

Ruling
Automatic stay was not appropriate to protect non-debtor affiliates from ongoing litigation.(Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Mariner Health Cent., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 17, 2023 , LexisNexis #0323-053

Mariner Health Cent., Inc., In re

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.

ABI Membership is required to access the full summary of Mariner Health Cent., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 12, 2023 , LexisNexis #0323-028

Schoenmann, In re--Schoenmann v. Schoenmann

Ruling
Debt was dischargeable absent proof of reliance on debtor's alleged misrepresentations.(Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Schoenmann, In re--Schoenmann v. Schoenmann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 28, 2022 , LexisNexis #0123-085

Carr, In re--Morrison v. Carr

Ruling
Adversary proceeding dismissed as creditors did not allege the necessary intentionallytortious conduct to allow the court to consider whether the conduct at issue was also willfuland malicious. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Carr, In re--Morrison v. Carr Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 06, 2022 , LexisNexis #1122-042

Won Bae, In re--Fuller v. Won Bae

Ruling
Investors were entitled to a nondischargeable judgments as they substantially relied on falserepresentations when they decided to invest. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Won Bae, In re--Fuller v. Won Bae Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 29, 2022 , LexisNexis #1122-011

Pacific Steel Casting Co. LLC, In re--Little v. Speyside Fund, LLC

Ruling
Former owners and managers of debtor were entitled to summary judgment in proceedings forfraudulent transfers and breach of fiduciary duties. (Bankr. N.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of Pacific Steel Casting Co. LLC, In re--Little v. Speyside Fund, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 17, 2022 , LexisNexis #1022-060

Brower, In re--Kasolas v. Brower

Ruling
Trustee's action to recover funds transferred from a corporation wholly owned by debtordismissed as debtor's interest in the corporation was as a shareholder and property was notproperty of bankruptcy estate. (Bankr. N.D. Cal.)
Issue(s)
Postpetition Transactions.

ABI Membership is required to access the full summary of Brower, In re--Kasolas v. Brower Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 01, 2022 , LexisNexis #0922-092

Tom, In re--Ng v. Tom

Ruling
Debt was nondischargeable based on state court judgment in personal injury case that debtor'soperation of his motor vehicle was unlawful due to his intoxication by alcohol. (Bankr. N.D.Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Tom, In re--Ng v. Tom Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 29, 2022 , LexisNexis #0922-055

PSG Mortg. Lending Corp., In re--Brugnara v. Greenfield

Ruling
Remand of adversary proceeding to state court was not warranted because the complaint wasdeeply interrelated with both the underlying bankruptcy and with another relatedbankruptcy. (Bankr. N.D. Cal.)
Issue(s)
Bankruptcy Cases and Proceedings.

ABI Membership is required to access the full summary of PSG Mortg. Lending Corp., In re--Brugnara v. Greenfield Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 22, 2022 , LexisNexis #0522-046

Teran, In re--Teran v. Navient Sols., LLC

Ruling
Loan was not a qualified education loan as debtor was not an eligible student when hereceived the loan funds, which paid bar prep expenses, not his law school attendance, andfor living expenses. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Other

ABI Membership is required to access the full summary of Teran, In re--Teran v. Navient Sols., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 15, 2022 , LexisNexis #0422-015