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Byrd, In re

Ruling
Automatic stay extended in debtors second Chapter 13 case filed within one year given showing of good faith by a preponderance of the evidence. (Bankr. S.D. Cal.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.

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Consumer opinion summary, case decided on January 17, 2025 , LexisNexis #0325-054

Aguirre, In re

Ruling
Conversion to Chapter 13 denied as futile where proposed plan failed best interests ofcreditors test and feasibility requirements. (Bankr. S.D. Cal.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on July 15, 2024 , LexisNexis #0924-073

Boskoski, In re

Ruling
Chapter 7 debtor was entitled to claim a $600,000 homestead exemption due to statelegislature’s increase in the permissible amount. (Bankr. S.D. Cal.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on December 08, 2021 , LexisNexis #0322-058

Bohrer, In re--Carroll v. Bohrer

Ruling
Award of fees and costs in favor of debtor's ex-wife in state court defamation action wasexcepted from discharge as the award was related to divorce, custody, and visitation. (Bankr.S.D. Cal.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on April 27, 2021 , LexisNexis #0621-039

Faasoa, In re--Faasoa v. Army & Air Force Exchange Serv.

Ruling
Creditor's motion to dismiss debtor's complaint granted where creditor properly exercised itsnonbankruptcy law setoff rights prepetition when the IRS intercepted debtor's taxoverpayment and applied it to the debt he owed the creditor. (Bankr. S.D. Cal.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on October 10, 2017 , LexisNexis #1117-106

In re Catton

Ruling
Debtor was not entitled to a credit for the default interest he paid to either the bank or asecond lender. (Bankr. S.D. Cal.)
Issue(s)
Was debtor entitled to credit for default interest paid to lenders?

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Consumer opinion summary, case decided on August 09, 2016 , LexisNexis #0916-030

Brown v. Citibank N.A. (In re Brown)

Ruling
Loan obtained to cover expenses while debtor studied for the bar was a nondischargeable student loan, despite creditor's failure to answer debtor's complaint.
Issue(s)
Was loan obtained to cover debtor's expenses while studying for the bar exam a nondischargeable student loan debt?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-054

Vargas v. Guinn (In re Guinn)

Ruling
Debt was nondischargeable based on fiduciary defalcation.
Issue(s)
Was judgment for breach of contract nondischargeable based on misrepresentations and fiduciary defalcation by debtor?

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Consumer opinion summary, case decided on August 21, 2014 , LexisNexis #1014-053

In re SR Real Estate Holdings LLC

Ruling
Single asset real estate debtor's case dismissed due to bad faith.
Issue(s)
Should a single asset real estate debtor's case be dismissed as filed in bad faith to hinder and delay first lienholders?

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Commercial opinion summary, case decided on February 16, 2014 , LexisNexis #0314-097

California Bank & Trust v. Kahn (In re Kahn)

Ruling
Failure to disclose transfers was not grounds for denial of discharge given lack of fraudulent intent.
Issue(s)
Was debtor's failure to disclose transfers grounds for denial of discharge.

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Consumer opinion summary, case decided on September 30, 2013 , LexisNexis #1213-060