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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
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 Aug. 2, 2022
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 9th Jun. 8, 2022
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 USSC Jun. 6, 2022
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 BAP Mar. 29, 2022
In Re Mayer
Order denying a stay-relief motion without prejudice was immediately appealable because it conclusively denied the creditor's relief.
Bankruptcy 9th Mar. 9, 2022
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 9th Dec. 27, 2021
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 9th Dec. 7, 2021
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 BAP Nov. 30, 2021
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 BAP Nov. 30, 2021
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 BAP Nov. 30, 2021
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 BAP Nov. 29, 2021
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 BAP Nov. 26, 2021
In re: Jerome E. Perryman
Continuances in a nonbankruptcy matter did not violate the automatic stay provision of Bankruptcy Code Section 362(a).
Bankruptcy BAP Nov. 26, 2021
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 9th Oct. 20, 2021
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 9th Oct. 20, 2021
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 9th Oct. 15, 2021
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 BAP Oct. 13, 2021
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 BAP Sep. 8, 2021
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 BAP Sep. 8, 2021
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 BAP Sep. 8, 2021