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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
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 9th Sep. 2, 2021
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 BAP Jul. 8, 2021
In re Albert
'Law v. Stiegel' did not prevent bankruptcy court from giving preclusive effect to final judgment that dismissed debtor's exemptions.
Bankruptcy 9th Jun. 11, 2021
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 4DCA/2 Jun. 8, 2021
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 BAP Apr. 9, 2021
In re Anderson
Panel affirmed decision to grant debtor homestead exemption despite moving out of property after petition date.
Bankruptcy 9th Mar. 2, 2021
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 BAP Mar. 1, 2021
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 BAP Feb. 19, 2021
Chicago v. Fulton
Mere retention of estate property after filing of bankruptcy petition does not violate Bankruptcy Code Section 362(a)(3).
Bankruptcy USSC Jan. 15, 2021
In re Koshkalda
Although appellant was properly declared vexatious litigant, pre-filing order in main bankruptcy case was overbroad and prefiling order in adversary proceeding was not necessary.
Bankruptcy BAP Dec. 16, 2020
In re John Jean Bral
Bankruptcy Code preempted state law causes of action because they arose from debtor's filing of voluntary bankruptcy petition on behalf of his company.
Bankruptcy BAP Dec. 4, 2020