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northern district of california

Verbeck, In re

Ruling
Court would award reasonable fees and costs debtor incurred after October 17, 2016 only ifplaintiff's claim was discharged. (Bankr. N.D. Cal.)
Issue(s)
Exceptions to Discharge; Award of Attorney’s Fees and Costs When Creditor's Nondischargeability Action is Not Justified.

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Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #0118-075

In re Krow

Ruling
Creditors’ prosecution of breach of contract action violated the discharge injunction. (Bankr.N.D. Cal.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on October 11, 2016 , LexisNexis #1116-025

In re Escarcega

Ruling
Plan that would allow debtor’s to modify plan without leave of court could not be confirmed.(Bankr. N.D. Cal.)
Issue(s)
Could plan containing provisions intended to authorize debtors to pay off their plans and obtain a discharge at any time after confirmation without having to go through the plan modification process and without having to pay allowed unsecured claim

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Consumer opinion summary, case decided on September 26, 2016 , LexisNexis #1016-103

Labor Comm'r, State of Cal. v. Ramirez (In re Ramirez)

Ruling
Unpaid wage claim was nondischargeable due to debtor’s deceitful conduct. (Bankr. N.D. Cal.)
Issue(s)
Was claim based on debtor contractor’s failure to pay wages a dischargeable breach of contract claim?

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Consumer opinion summary, case decided on August 26, 2016 , LexisNexis #0916-093

Lee v. Bois (In re Bois)

Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?

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Consumer opinion summary, case decided on August 22, 2016 , LexisNexis #0716-012

Marr Sanchez & Assocs. v. Hernandez (In re Hernandez)

Ruling
In rem relief denied to creditor that was not secured. (Bankr. N.D. Cal.)
Issue(s)
Was creditor entitled in in rem relief from the automatic stay?

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Consumer opinion summary, case decided on August 16, 2016 , LexisNexis #0916-044

In re KVN Corp.

Ruling
Fees of chapter 7 trustee and her counsel fees allowed, but in a reduced amount.
Issue(s)
Should fees of chapter 7 trustee and counsel be allowed?

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Commercial opinion summary, case decided on July 05, 2016 , LexisNexis #0816-035

Starboard Commer. Brokerage Inc. v. Yates (In re Yates)

Ruling
Claim for real estate commission disallowed on debtor’s objection.
Issue(s)
Whether a commission allegedly owed to creditor listing agent should be allowed?

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Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-065

In re Innocenti LLC

Ruling
Mother who could not show ownership of son’s LLC could not obtain dismissal of LLC's case.
Issue(s)
Was debtor the sole member of an LLC on the date of the order of relief in an involuntary case so that the LLC was property of the estate?

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Commercial opinion summary, case decided on June 20, 2016 , LexisNexis #0716-054

Lee v. Bois (In re Bois)

Ruling
Evidence of alleged nondisclosure of unusual drainage system to purchaser of property was insufficient to support nondischargeability of debt.
Issue(s)
Were various misrepresentations regarding water intrusion, mold and soil erosion on property sold to creditor grounds for nondischargeable debt?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-012