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Fitzgerald v. Nina Worx SR Inc. (In re Fitzgerald)

Appellant debtor challenged an order of the United States Bankruptcy Court for the Central District of California authorizing appellee chapter 7 trustee to sell property of the estate, including the debtor's 49 percent interest in appellee corporation, and debtor's cross-claims in litigation against appellee trust, the initial purchaser of the assets.
Ruling: 
Bankruptcy court abused discretion by ordering sale of assets without valuing and finding good faith.
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Consumer case opionion summary, case decided on April 15,2010, LexisNexis #0710-041

Waag v. Permann (In re Waag)

Appellee survivors filed an adversary proceeding against appellant chapter 13 debtor, seeking a judgment that a claim they filed against the debtor's bankruptcy estate was nondischargeable under 11 U.S.C.S. §§ 523(a)(6) and 1328(a)(4). The United States Bankruptcy Court for the District of Oregon denied the debtor's motion to dismiss, and the debtor filed an interlocutory appeal.
Ruling: 
Wrongful death claim was not required to be based upon a prepetition judgment.
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Consumer case opionion summary, case decided on October 14,2009, LexisNexis #1209-062

Yarnall v. Martinez (In re Martinez)

In calculating projected disposable income for purposes of their plans, appellee bankruptcy debtors claimed expenses for junior liens against their residences which were stripped off as wholly unsecured. Appellant bankruptcy trustee sought review of the orders of the Bankruptcy Court for the District of Nevada which overruled the trustee's objections to confirmation of the plans and confirmed the plans.
Ruling: 
Debtors could not claim expenses for payments on junior liens that would be "stripped off" under plan.
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Consumer case opionion summary, case decided on October 05,2009, LexisNexis #1109-099

American Express Bank v. Smith (In re Smith)

In calculating projected disposable income under their plan, appellee bankruptcy debtors claimed expenses for two houses and a vehicle which the debtors intended to surrender to secured creditors. Appellants, the bankruptcy trustee, the U.S. Trustee, and a creditor, appealed the interlocutory order of the Bankruptcy Court for the Western District of Washington which overruled their objections to confirmation of the debtors' plan.
Ruling: 
Debtors could not claim expenses for payments on vehicles and house intended for surrender.
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Consumer case opionion summary, case decided on October 05,2009, LexisNexis #1109-098

Suarez v. Barrett (In re Suarez)

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.
Ruling: 
Civil contempt judgment that debtor did not contest was based on willful and malicious conduct and properly held nondischargeable.
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Consumer case opionion summary, case decided on January 16,2009, LexisNexis #0409-028

Stasz vv. Gonzalez (In re Stasz)

Appellant debtor challenged an order from the Bankruptcy Court for the Central District of California, which granted the motion of appellee trustee and found the debtor in civil contempt after she failed to appear and produce documents at a Fed. R. Bankr. P. 2004 examination. The bankruptcy court imposed sanctions against the debtor.
Ruling: 
Debtor sanctioned for failure to appear at hearing or produce documents.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0608-034

Ghomeshi v. Sabban (In re Sabban)

Appellant creditor sought review of an order of the United States Bankruptcy Court for the Central District of California, that determined that an award of $ 123,500 under a state court judgment based on Cal. Bus. & Prof. Code §§ 7031 and 7160 was dischargeable. The debtor was a contractor who had falsely represented to the creditor that he was licensed. The issue was whether the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State court penalty based on debtor's violation of home improvement contractor licensing statute was nondischargeable although award of damages in the nature of disgorgement was not.
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Consumer case opionion summary, case decided on February 20,2008, LexisNexis #0408-028

Wells Fargo Fin. Acceptance v. Rodriguez (In re Rodriguez)

Appellee bankruptcy debtor proposed a chapter 13 plan which provided that the debtor's vehicle would be surrendered to appellant creditor secured by the vehicle in full satisfaction of the creditor's claim. The creditor appealed the orders of the Bankruptcy Court for the Western District of Washington which disallowed the creditor's claim and overruled the creditor's objection to the debtor's plan.
Ruling: 
Bankruptcy court improperly denied creditor's deficiency claim secured by motor vehicle.
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Consumer case opionion summary, case decided on August 28,2007, LexisNexis #1007-126