Morgan, In re--Morgan v. Preferred Fin. Grp., Inc.
Feb
06
2018
Ruling
Debtors' turnover claim for relief was dismissed as whatever the creditor owed to the debtorswas not property of the bankruptcy estate. (Bankr. N.D. Cal.)
Issue(s)
Turnover of Property to the Estate; Payment of Matured Debts to Trustee.
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Court
:
Parker, In re
Jan
30
2018
Ruling
Court denied debtor's claim as debtor was unable to alert the court of any evidence provingthat the creditor's attorney took any affirmative step to actually collect, recover, or assess anydebt against it which would actually violate the law. (Bankr. N.D. Cal.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Payne, In re
Dec
29
2017
Ruling
Creditor's objection sustained because debtors' did not file petiiton in good faith as theyfailed to engage in reasonable efforts to ensure the accuracy of their schedules. (Bankr. N.D.Cal.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.
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Court
:
- 11 U.S.C.
Gabriel Techs. Corp., In re--Qualcomm Inc. v. North Water Intellectual Prop. Fund L.P. 3A
Dec
26
2017
Ruling
Judicial estoppel did not apply as the creditor was prosecuting the instant action on behalf ofthe estate and any of its prior statements could not be visited upon it in its representativecapacity on behalf of the estate. (Bankr. N.D. Cal.)
Issue(s)
Allowance of Administrative Expenses.
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Court
:
- 11 U.S.C.
Elliott, In re--Elliott v. Pac. Western Bank
Dec
09
2017
Ruling
Debtor could not avoid a transfer as the nonavoidable execution lien was already satisfied inpart prior to the petition date. (Bankr. N.D. Cal.)
Issue(s)
Exemptions.
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Court
:
- 11 U.S.C.
Gabriel Techs. Corp., In re--Qualcomm Inc. v. N. Water Intellectual Prop. Fund L.P. 3A
Dec
04
2017
Ruling
Note purchase agreement entered into by the debtors and funders did not create an enforceable lien on settlement proceeds obtained by the trustee. (Bankr. N.D. Cal.)
Issue(s)
Postpetition Effect of Security Interest.
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Court
:
- 11 U.S.C.
Kupfer, In re
Oct
18
2017
Ruling
Court was required to determine the amount of fees and costs that were attributable tolitigating the lessors' claims against the debtors for future rent because those amounts werecapped. (Bankr. N.D. Cal.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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Court
:
Hewitt v. Lemieux (In re Lemieux)
Sep
27
2017
Ruling
Discharge could not be denied as the debtor properly explained the disposition of his cashwithdrawals. (Bankr. N.D. Cal.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
- 11 U.S.C.
Golden Gate Cmty. Health, In re
Sep
20
2017
Ruling
Severance claim was not entitled to priority as the vesting of the right to payment was outside the 180-day period prior to the bankruptcy. (Bankr. N.D. Cal.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.
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Court
:
- 11 U.S.C.
Shvartsman, In re
Aug
28
2017
Ruling
The IRS violated the automatic stay in re-recording the liens in the debtors' property. (Bankr.N.D. Cal.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
: