Oct
14
2009
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
Oct
13
2009
In re Shearin Family Invs. LLC
The chapter 11 debtor, a condominium developer, and creditor purchasers filed cross-motions for summary judgment regarding claims filed by the purchasers representing their contracts with the debtor for purchase of condominium units.
Ruling:
Creditors entitled to specific performance of condominium sale agreement with debtor.
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Commercial case opionion summary, case decided on October 13,2009, LexisNexis #1109-036
Oct
05
2009
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
Oct
05
2009
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
Jul
02
2009
Greenspan v. Orrick Herrington & Sutcliffe LLP (In re Brobeck Phelger & Harrison LLP)
Plaintiff bankruptcy trustee brought adversary proceedings against defendants, former partners in bankruptcy debtor, a law firm partnership, and the partners' new firms, alleging that the partners' waiver of the partnership's right to profits from unfinished business was invalid, and that the waiver effected an actual or constructive fraudulent transfer. The trustee and the partners and the firms cross-moved for summary judgment.
Ruling:
Partners' waiver of profits from unfinished business of dissolved law firm was valid but could be challenged as fraudulent.
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Commercial case opionion summary, case decided on July 02,2009, LexisNexis #0909-104
Jan
16
2009
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
Apr
15
2008
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
Feb
20
2008
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
Aug
28
2007
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
Aug
17
2007
Brown & Cole Stores LLC v. Associated Grocers Inc. (In re Brown & Cole Stores LLC)
Appellee creditor claimed administrative priority under 11 U.S.C. § 503(b)(9) for the value of goods received by appellant bankruptcy debtor, a grocery store chain, within 20 days of the debtor's bankruptcy, and the debtor claimed a right of setoff under 11 U.S.C. § 553(a). The debtor appealed the judgment of the Bankruptcy Court for the Western District of Washington which allowed the administrative claim and denied setoff.
Ruling:
Administrative priority claim which arose prepetition was subject to setoff.
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Commercial case opionion summary, case decided on August 17,2007, LexisNexis #1007-115