In re Lamug
Feb
18
2009
Ruling
Case dismissed where totality of circumstances showed debtors had ability to pay substantial portion of debt.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Militante
Feb
06
2009
Ruling
Dealer's right to redeem vehicle was not precluded by failure to file proper statement of intention provided debtor paid proper value to secured creditor.
Procedural posture
When, in his chapter 7 case, debtor filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a vehicle by paying the secured creditor a stated amount, the creditor opposed the requested relief, asserting that debtor should be required to pay a larger sum to redeem the vehicle and also asserting that the motion to redeem was untimely based on debtor's failure to timely file a proper statement of intention (SOI) as required by 11 U.S.C.S. § 521.
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Court
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Neighbors v. Mortgage Elec. Registration Sys.
Jan
27
2009
Ruling
Debtor's action against mortgage lender dismissed as not properly disclosed in bankruptcy.
Procedural posture
Plaintiff debtor filed an action against defendants, a mortgage lender and a nominee beneficiary, alleging 11 claims for relief arising from the debtor's purchase of a home, default on a mortgage, and foreclosure proceedings. Defendants filed a motion to dismiss the action.
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Court
:
- 11 U.S.C.
Suarez v. Barrett (In re Suarez)
Jan
16
2009
Ruling
Civil contempt judgment that debtor did not contest was based on willful and malicious conduct and properly held nondischargeable.
Procedural posture
Appellant, a chapter 7 debtor, sought review of a decision of the Bankruptcy Court for the Southern District of California, which entered a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) for an obligation owed to appellee creditor pursuant to a state court civil contempt proceeding.
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Court
:
Judge or Jurisdiction information not available
3dfx Interactive v. aVidia Corp. (In re 3dfx Interactive)
Jan
06
2009
Ruling
Committee could not seek to assume "executory" contract after trustee had prosecuted a claim against the contracting party.
Procedural posture
Plaintiff, the official committee of equity security holders of the debtor, brought claims against defendant a party which had contracted with the debtor, seeking to assume the allegedly executory contract and enforce it in conjunction with confirmation of the debtor's plan. The contracting party asserted that the contract was not executory and that the claim was time-barred. The parties filed cross-motions for summary judgment.
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Court
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Stickrath v. Globalstar Inc.
Dec
22
2008
Ruling
Claims reasonably within consumer's contemplation prior to debtor corporation's discharge order were discharged.
Procedural posture
Plaintiff consumer sued defendant corporation under Cal. Bus. & Prof. Code § 17200 et seq., and Cal. Civ. Code § 1750 et seq., and alleged that its failure to disclose known defects in its service prevented him from using the service as intended. The consumer sought to represent a nationwide class of individuals who purchased a satellite telephone from the corporation between April 2003 and 2007. The corporation moved for summary judgment.
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Court
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Rollins v. Neilson (In re Cedar Funding Inc.)
Oct
30
2008
Ruling
Bankruptcy court refused to dismiss complaint of investors seeking judicial declaration of an equitable or legal interest in debtor's property.
Procedural posture
Plaintiffs, investors in a second deed of trust created through the debtor on a third party's real property, filed an adversary proceeding requesting a judicial declaration that they had either an equitable or a legal interest in the note and deed of trust securing repayment. Defendant, the chapter 11 trustee, moved to dismiss the complaint, asserting the interest was subject to avoidance as a preferential transfer under 11 U.S.C.S. § 547(b).
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Court
:
- 11 U.S.C.
ATR-Kim Eng Fin. Corp. v. Bonilla
Sep
25
2008
Ruling
Bankruptcy court properly held debt arising from fiduciary's failure to prevent majority shareholder and director from looting corporation was nondischargeable.
Procedural posture
Appellant chapter 7 debtor challenged a decision of the United States Bankruptcy Court for the Northern District of California, which held that the debt arising from the debtor's breach of fiduciary duties as a Delaware corporate director was nondischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Greg James Ventures LLC
Sep
24
2008
Ruling
Chapter 11 plan with ten year term confirmed as reasonable over creditor's objection.
Procedural posture
A creditor filed an objection to confirmation of the debtor's proposed chapter 11 plan.
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Court
:
- FRBP
In re Brooks-Hamilton
Sep
02
2008
Ruling
Bankruptcy court reaffirmed six month suspension of attorney for misconduct on remand.
Procedural posture
Upon remand from the U.S. Court of Appeals from the Ninth Circuit, the court reconsidered its order suspending an attorney for his conduct in a bankruptcy case.
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Court
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