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Harrington v. Purdue Pharma L.P.
Bankruptcy code does not authorize a Chapter 11 reorganization plan to include provisions that effectively seek to discharge claims against a nondebtor without the consent of affected claimants.
Bankruptcy USSC Jun. 28, 2024
United States Trustee v. John Q. Hammons Fall 2006, LLC
Prospective parity was appropriate remedy for short-lived disparity created by unconstitutional bankruptcy fee statute because that was the remedy Congress would have intended had it known the statute was unconstitutional.
Bankruptcy, Remedies USSC Jun. 17, 2024
Truck Insurance Exchange v. Kaiser Gypsum Co.
An insurer with financial responsibility for bankruptcy claims is a "party in interest" that "may raise and may appear and be heard on any issue" in a Chapter 11 case.
Bankruptcy USSC Jun. 7, 2024
Bercy v. City of Phoenix
Hostile work environment claims that were part of an ongoing pattern of conduct taking place before a bankruptcy filing belonged to the bankruptcy estate.
Bankruptcy 9th May 31, 2024
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action.
Civil Procedure, Bankruptcy 9th May 6, 2024
In re: Maria Teresa Melendez Rey
Rental duplex did not qualify for California automatic homestead exemption because it was not necessary for her use even though it was located on the same parcel as her residence.
Bankruptcy BAP Apr. 26, 2024
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy.
Bankruptcy BAP Apr. 3, 2024
Licup v. Jefferson Avenue Temecula LLC
Failure to provide a correct mailing address for a judgment creditor that resulted in the creditor not filing a timely proof of claim rendered the judgment debt nondischargeable.
Bankruptcy 9th Mar. 19, 2024
In re: Scott Warren Cohen
Relief from stay was warranted so creditor-former wife could liquidate her claims against her debtor-former husband even if the evidence needed to establish those claims related to other time-barred claims.
Bankruptcy BAP Feb. 8, 2024
In re: Kirk Eugene Frantz and Mary Elizabeth Frantz
Attorney's unprofessional conduct was not sufficient to warrant the imposition of sua sponte sanctions under the Federal Rules of Bankruptcy Procedure where the conduct was not roughly equivalent to contempt.
Bankruptcy BAP Jan. 30, 2024
In re: Mckee v. Anderson
Debtor was not entitled to automatic homestead exemption for property where she did not reside despite testimony she intended to return because her conduct indicated a lack of such intent.
Bankruptcy 9th Jan. 18, 2024
Martin v. Gladstone
Because bankruptcy trustee did not file to abandon property until after injury occurred, trustee was still a responsible party.
Bankruptcy 4DCA/1 Oct. 20, 2023
Amended Opinion: Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full.
Bankruptcy 9th Sep. 15, 2023
USA Sales, Inc. v. Office of the United States Trustee
Refund of excess fees was the appropriate remedy where Chapter 11 bankruptcy debtor paid quarterly fees to the United States Trustee that were later declared to be unconstitutional.
Bankruptcy 9th Aug. 11, 2023
Castleman v. Burman
Post-petition increase in Chapter 13 bankruptcy debtors' home's value became the property of the bankruptcy estate upon the conversion of their case to Chapter 7.
Bankruptcy 9th Jul. 31, 2023
In re: RS Air, LLC
Creditors' suit against debtor's alleged alter egos did not violate bankruptcy discharge injunction because the discharge injunction was limited to the debtor personally.
Bankruptcy BAP Jun. 22, 2023
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
The Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.
Bankruptcy USSC Jun. 16, 2023
Evans v. McCallister
Chapter 13 Trustee was not entitled to any fees from funds paid pursuant to a proposed bankruptcy plan when the Chapter 13 case was dismissed before the plan was confirmed.
Bankruptcy 9th Jun. 13, 2023
In re: Bella Hospitality Group, LLC
Order for relief was appropriate despite creditor's failure to include statement of motivation for commencing involuntary Chapter 7 bankruptcy case because alleged debtor did not timely dispute the petition.
Bankruptcy BAP May 16, 2023
Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full.
Bankruptcy 9th May 9, 2023
In re: Simon Vernon Rodriguez and Marilyn Kay Schipull
Summary judgment was appropriate where there were no genuine issues of material fact regarding whether state court judgment against debtor was for violation of securities laws.
Bankruptcy BAP May 4, 2023
MOAC Mall Holdings LLC v. Transform Holdco LLC
Statutory limitation in bankruptcy code shielding good-faith purchaser from the effects of a court's modification or reversal of a lease assignment was not a jurisdictional provision.
Bankruptcy USSC Apr. 20, 2023
Bartenwerfer v. Buckley
Bankruptcy code excepts debts for money obtained by fraud from discharge regardless of the individual debtor's culpability for the underlying fraud.
Bankruptcy USSC Feb. 23, 2023
In re E. Mark Moon
Settlement agreement arranged without licensed real estate broker that extended maturity date of original loan arranged by licensed real estate broker was usurious forbearance.
Bankruptcy BAP Feb. 10, 2023
Akhlaghpour v. Orantes
Former Chapter 11 debtor-in-possession may have standing to pursue malpractice claims for actions taken by debtor's court-appointed counsel after trustee was appointed and ended counsel's court-appointed status.
Bankruptcy 2DCA/7 Dec. 15, 2022
In re: Sandra J. Tillman
Chapter 7 trustee could not avoid Internal Revenue Service tax penalty lien on debtor's exempt interest in real property, and thus could not preserve the value of the tax penalty lien for the benefit of the estate.
Bankruptcy 9th Nov. 21, 2022
Barclay v. Boskoski
Debtor was entitled to the maximum homestead exemption at the time he filed for bankruptcy, rather than the exemption amount at the time a judgment lien was recorded against the home.
Bankruptcy 9th Nov. 15, 2022
Amended Opinion: Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge.
Bankruptcy 9th Sep. 27, 2022
In Re Hawkeye Entertainment
To assume a lease, a debtor-in-possession must satisfy the provisions of 11 U.S.C. Section 365(b)(1) if there has been any default, even if the default is neither material nor ongoing.
Bankruptcy 9th Sep. 26, 2022
In re PG&E Corp.
Unimpaired, unsecured creditors of solvent debtor possessed equitable right to postpetition interest at bargained-for rates, subject to any other equitable considerations, before debtor collected surplus value from bankruptcy estate.
Bankruptcy 9th Aug. 30, 2022