Specialty's Café & Bakery, Inc., In re--Brady v. United States, SBA
Feb
02
2022
Ruling
Proceeds of Paycheck Protection Program loan that was rescinded by debtor were subject to aresulting trust and not property of the estate. (Bankr. N.D. Cal.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
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Court
:
- 11 U.S.C.
Rens, In re--Sparhawk v. Davis
Oct
29
2021
Ruling
Bankruptcy court erred in granting summary judgment to the bankruptcy trustee to the extentthat the judgment required turnover of a portion of trust income and principal after thedebtor's death because the trust implicitly terminated the debtor's interest upon his death.(B.A.P. 9th Cir.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
W. Asbestos Co., In re--Darden v. W. Asbestos Settlement Trust
Aug
05
2021
Ruling
Trust was granted summary judgment where claim fell within the terms of a state courtsettlement. (Bankr. N.D. Cal.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Longmire, In re--Kessler v. Longmire
Apr
29
2021
Ruling
Debt was dischargeable as the creditor did not reasonably rely on debtor’s statements aboutthe income and residence in deciding to make its loan. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
Fox Ortega Enters., In re--Kasolas v. Nicholson
Apr
23
2021
Ruling
Trustee was entitled to recover the value of wine defendant purchased from debtor whodefrauded purchasers through a Ponzi scheme. (Bankr. N.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
PG&E Corp., In re
Feb
17
2021
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.
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Court
:
- 11 U.S.C.
Fu, In re
Sep
25
2020
Ruling
Debtor's discharge did not bar cross-claims asserted as setoffs as debtor had not disputed thevalidity of judgment and had not yet attempted to undermine the merits of the cross-claims.(Bankr. N.D. Cal.)HOLDINGS; [1]-A judgment creditor's collection efforts against a third party did not appear, at the earlystages of the pending litigation, to violate a debtor's discharge injunction because a sole spouse's Chapter7 discharge generally insulated pre-petition community property from discharged pre-petitioncommunity claims, and the creditor's declaratory relief request was to determine the bonafides of thedebtor's divorce, and if the divorce was a sham; [2]-The debtor's discharge did not bar cross-claimsasserted in pending state litigation to the extent they were asserted as setoffs under 11 U.S.C. § 553because the debtor had not disputed the validity of a judgment held by the creditor asserting the crossclaims and had not yet attempted to undermine the merits of the cross-claims.Fu, In re, 2020 Bankr. LEXIS 2514 (Bankr. N.D. Cal. September 25, 2020) (Novack, B.J.).
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Merriman, In re--Merriman v. Fattorini
Jul
13
2020
Ruling
Bankruptcy court did not abuse its discretion in retroactively annulling the automatic stay to allow a state court wrongful death action to proceed as the state court case involved exclusively state law claims. (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
PG&E Corp., In re
Jul
06
2020
Ruling
Fire victims were not entitled to appointment of an examiner to investigate voting on debtor’s plan where doing so would be unnecessarily duplicative and costly. (Bankr. N.D. Cal.)
Issue(s)
Appointment of Trustee or Examiner; Grounds for Appointment of Examiner.
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Court
:
( Judge Montali ) [ Bankruptcy Court ]
- 11 U.S.C.
PG&E Corp., In re
Jun
17
2020
Ruling
Debtors’ and shareholders’ joint Chapter 11 plan for complex cases filed in wake of wildfire damage claims confirmed. (Bankr. N.D. Cal.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further Reorganization Not Anticipated.
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Court
:
( Judge Montali ) [ Bankruptcy Court ]