Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
21-16043
|
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 |
|
C. Lucero | Aug. 30, 2022 |
21-55900
|
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 |
|
J. Bybee | Aug. 2, 2022 |
21-55076
|
Baroni v. Seror
Bankruptcy court did not err in finding cause for converting a bankruptcy case from Chapter 11 to Chapter 7 because debtor materially defaulted on her bankruptcy plan. |
Bankruptcy |
|
D. Forrest | Jun. 8, 2022 |
21-441
|
Siegel v. Fitzgerald
Congress' treatment of similarly situated debtors differently based on geography and an artificial funding distinction violated the uniformity requirement of the Bankruptcy Clause. |
Bankruptcy |
|
S. Sotomayor | Jun. 6, 2022 |
21-1158
|
In re Jaswinder Singh Bhangoo
Debtor failed to show objective evidence of an intent to return to his principal dwelling for his claimed automatic homestead exemption. |
Bankruptcy |
|
J. Brand | Mar. 29, 2022 |
20-56340
|
In Re Mayer
Order denying a stay-relief motion without prejudice was immediately appealable because it conclusively denied the creditor's relief. |
Bankruptcy |
|
A. Tashima | Mar. 9, 2022 |
19-60065
|
Amended Opinion: In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens. |
Bankruptcy |
|
D. Collins | Dec. 27, 2021 |
20-60047
|
In re Rudolf P. Sienega
State tax debt was nondischargeable because debtor's faxes to the California Franchise Tax Board did not qualify as returns. |
Bankruptcy |
|
S. Thomas | Dec. 7, 2021 |
20-1131
|
In re: Robert Duane Rens
A bankruptcy estate was not entitled to continue receiving the debtor's share of trust distributions after the debtor's death because those distributions will be paid to the debtor's living issue. |
Bankruptcy |
|
W. Lafferty | Nov. 30, 2021 |
21-1063
|
In re: Mark E. Stuart
Where a creditor had garnished a debtor's bank account prior to the debtor's filing of bankruptcy, neither the bank nor the creditor was under any affirmative obligation to release the funds. |
Bankruptcy |
|
R. Faris | Nov. 30, 2021 |
21-1116
|
In re: 450 S. Western Avenue
The time period for a lienholder to commence an action preserving a lien will not be tolled by Section 108(c) of the Bankruptcy Code due to the notice alternative provided by Section 546(b). |
Bankruptcy |
|
W. Lafferty | Nov. 30, 2021 |
20-1175
|
In re: Andrew Linton
Under the doctrine of cumulative finality, an interlocutory appeal may mature to finality when the appeal is followed by entry of a final disposition in the case before the appeal is dismissed. |
Bankruptcy |
|
C. Klein | Nov. 29, 2021 |
21-1078
|
In re: Bradley Edward Koeberer and Nancy Louise Koeberer
No matter how minor a violation of the automatic stay, a party injured by that violation is entitled to its reasonably incurred legal fees and costs. |
Bankruptcy |
|
R. Faris | Nov. 26, 2021 |
21-1036
|
In re: Jerome E. Perryman
Continuances in a nonbankruptcy matter did not violate the automatic stay provision of Bankruptcy Code Section 362(a). |
Bankruptcy |
|
J. Brand | Nov. 26, 2021 |
19-60065
|
In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens. |
Bankruptcy |
|
D. Collins | Oct. 20, 2021 |
20-60044
|
In re Stevens
Under Bankruptcy Code Section 554(c), for properties to be deemed abandoned, they must be first literally scheduled under Section 521(a). |
Bankruptcy |
|
R. Nelson | Oct. 20, 2021 |
20-60046
|
In re: Berkovich
Debtor's state tax debts were nondischargeable because he failed to inform the California Franchise Tax Board of changes to his federal tax assessments. |
Bankruptcy |
|
C. Breyer | Oct. 15, 2021 |
20-1247
|
In re: Frank Lane Italiane Jr. and Alicia Italiane
An admission of individual facts was not a prerequisite to giving a stipulated judgment preclusive effect. |
Bankruptcy |
|
G. Spraker | Oct. 13, 2021 |
20-1285
|
In re James Christopher Patow
Documents executed by a trust beneficiary, which purported to waive his interest under the trust, constituted a valid disclaimer. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
20-1045
|
In re Gabino F.A. Duran
Dismissals in bankruptcy cases trigger a Bankruptcy Code Section 349(a) issue whether 'cause' exists to order that dismissal be with prejudice. |
Bankruptcy |
|
C. Klein | Sep. 8, 2021 |
20-1161
|
In re Sherrie Nicole Lockhart- Johnson
Bankruptcy court should allow complaint to be amended where creditor filed within deadline and amended claim, based on same conduct, could relate to original complaint's date. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
20-60043
|
In re Nichols
Bankruptcy courts are prohibited from invoking equitable considerations to contravene 11 U.S.C. Section 1307(b)'s express language conferring upon Chapter 13 debtors absolute right to dismiss their case. |
Bankruptcy |
|
D. O'Scannlain | Sep. 2, 2021 |
20-1280
|
In re: Thomas A. Perez
To bar debtor from asserting homestead exemption under Bankruptcy Code Section 522(g), trustee must make explicit statement to debtor that trustee intends to recover property interest. |
Bankruptcy |
|
W. Lafferty | Jul. 8, 2021 |
20-60006
|
In re Albert
'Law v. Stiegel' did not prevent bankruptcy court from giving preclusive effect to final judgment that dismissed debtor's exemptions. |
Bankruptcy |
|
C. Callahan | Jun. 11, 2021 |
E074210
|
Rubin v. Ross
Judgment creditors were not barred from seeking renewal of judgment because debtor's bankruptcy stay did not prohibit renewal under Code of Civil Procedure Section 683.210. |
Bankruptcy |
|
R. Fields | Jun. 8, 2021 |
20-1110
|
In re Cambridge Land Company II, LLC; Cambridge Land Company LLC
To appeal decision of bankruptcy court, appellant must show that it is 'person aggrieved' who was directly and adversely affected by order of bankruptcy court. |
Bankruptcy |
|
J. Brand | Apr. 9, 2021 |
20-60014
|
In re Anderson
Panel affirmed decision to grant debtor homestead exemption despite moving out of property after petition date. |
Bankruptcy |
|
P. Curiam (9th Cir.) | Mar. 2, 2021 |
20-1174
|
In re Lisa Gay Mellem
Advancement on inheritance does not amount to collecting a debt 'as a personal liability' of the debtor within meaning of bankruptcy discharge injunction. |
Bankruptcy |
|
C. Klein | Mar. 1, 2021 |
20-1182
|
In re Lance B. Haynie
Washington Supreme Court would follow last-in-time rule, giving preclusive effect to last judgment despite prior inconsistent judgment. |
Bankruptcy |
|
R. Faris | Feb. 19, 2021 |
19-357
|
Chicago v. Fulton
Mere retention of estate property after filing of bankruptcy petition does not violate Bankruptcy Code Section 362(a)(3). |
Bankruptcy |
|
S. Alito | Jan. 15, 2021 |