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In re Taggart
Civil contempt is appropriate where there is no objectively reasonable basis for concluding that creditor's conduct was lawful.
Bankruptcy 9th Nov. 25, 2020
In re Brace
Bankruptcy court's determination that community property presumption applied to Appellants' second property was vacated because record was unclear regarding when Appellants acquired that property.
Bankruptcy 9th Nov. 10, 2020
In re Phillip Johnny Rodriguez and Jennifer Lynn Rodriguez
Bankruptcy court properly concluded that Debtors' vehicle operation expense was limited to the numerical value specified in the Internal Revenue Service's Local Standards table.
Bankruptcy BAP Oct. 21, 2020
In re Rudolf Sienega
Bankruptcy court correctly found notifying California Franchise Tax Board of federal tax adjustments via fax did not constitute 'informal returns' under Bankruptcy Code Section 523(a)(1)(B).
Bankruptcy BAP Oct. 8, 2020
In re Dennis Berkovich and Marina Voloshin
Report required under Revenue and Taxation Code Section 18622(a) is an 'equivalent report' within the meaning of Bankruptcy Code Section 523(a)(1)(B).
Bankruptcy BAP Oct. 8, 2020
Amended Opinion: In re Nanette Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths.
Bankruptcy 9th Sep. 25, 2020
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment.
Bankruptcy 9th Sep. 17, 2020
In re Augustine Pena III
Chapter 7 trustee did not abandon rents by abandoning properties from which they were collected; thus, the funds remained the property of the bankruptcy estate.
Bankruptcy 9th Sep. 8, 2020
In re Nanette Sisk
Bankruptcy 9th Sep. 2, 2020
In re Rudolph Medina aka Rudy Medina
Bankruptcy court erred in requiring trustee to prove actual harm or actual damages under Uniform Voidable Transactions Act.
Bankruptcy BAP Aug. 18, 2020
In re Donald Hugh Nichols and Jane Ann Nichols
Bankruptcy court properly converted chapter 13 case to chapter 7 for bad faith conduct, despite debtors' 11 U.S.C. Section 1307(b) dismissal motion.
Bankruptcy BAP Aug. 18, 2020
In re Edwin Earl Elliott
Appellant could not reclaim his retirement funds because he filed the bankruptcy petition after the execution lien on his retirement funds had already been satisfied.
Bankruptcy 9th Aug. 13, 2020
Mather Bobka v. Toyota Motor Credit Corp.
Debtors' lease assumptions survive discharge even if they are not reaffirmed under 11 U.S.C. Section 524(c).
Bankruptcy 9th Aug. 4, 2020
In re Jasper Stevens and Brenda Louise Murray Stevens
Debtors must include assets in their schedule of assets and liability, and not just in their statement of financial affairs, for technical abandonment to apply on case closure.
Bankruptcy BAP Jul. 23, 2020
In re Shawne Merriman
Bankruptcy court has power to retroactively annul stay to permit state court action to be litigated under Bankruptcy Code Section 362(d).
Bankruptcy BAP Jul. 23, 2020
In re Chad Paul Delannoy
Purchasing chapter 7 bankruptcy debtor's appeal rights does not guarantee victory in asserting the preclusive effect of the judgment.
Bankruptcy BAP Jun. 24, 2020
In re Nanette Marie Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths.
Bankruptcy 9th Jun. 23, 2020
Blixseth v. Credit Suisse
Exculpation clause was valid because it covered only liabilities arising from the bankruptcy proceedings and not the discharged debt.
Bankruptcy 9th Jun. 12, 2020
In re Lenore L. Albert-Sheridan
Discovery sanctions were dischargeable debt because they were not payable to and for the benefit of governmental unit and were compensation for pecuniary losses.
Bankruptcy 9th Jun. 11, 2020
In re Richard R. Lane
Bankruptcy court could not void lien when claim relating to lien was disallowed because creditor who filed proof of claim did not prove that it was entitled to enforce debt.
Bankruptcy 9th Jun. 2, 2020
In re Point Center Financial Inc.
Bankruptcy court properly extended deadline for Chapter 7 Trustee to accept or reject operating agreement upon finding excusable neglect.
Bankruptcy 9th Apr. 30, 2020
In re David William Bartenwerfer and Kate Marie Bartenwerfer
Bankruptcy court correctly determined that all of appellee's state court attorneys' fees were nondischargeable pursuant to Bankruptcy Code Section 523(a)(2)(A).
Bankruptcy BAP Apr. 29, 2020
In re John G. Moser
'Return to the fray' doctrine requires bankruptcy courts to advise creditors on the scope of discharge injunctions.
Bankruptcy BAP Apr. 24, 2020
In re Stephen William Berkley
Chapter 13 revesting provisions do not prevent modifications of the plan to capture increases in debtor's postconfirmation income.
Bankruptcy BAP Apr. 22, 2020
In re Robert Edward Zuckerman
Issue preclusive effect of state court judgments may be basis for granting summary judgment in dischargeability proceeding in bankruptcy.
Bankruptcy BAP Apr. 14, 2020
In re: Jesslyn Renee Anderson
For purposes of homestead exemption, debtor's intent to continue to reside in residence was not required if she occupied property as of petition date.
Bankruptcy BAP Mar. 30, 2020
In re: Leiann Toni Fountain
Chapter 13 bankruptcy case properly dismissed after Debtor originally filed unsecured claims exceeding limits of Bankruptcy Code Section 109(e).
Bankruptcy BAP Mar. 30, 2020
In re: Javier Jimenez
Appellee had not shown that evidence of a scheme existed to warrant relief under 11 U.S.C. Section 362(d)(4).
Bankruptcy BAP Mar. 30, 2020
In Re Brown
Funds that were fraudulently transferred by the debtor remained property of the converted estate under 11 U.S.C. Section 348(f)(1)(A).
Bankruptcy 9th Mar. 24, 2020
In re: Teina Mari Lionetti
Once debtor establishes elements under Bankruptcy Code Section 523(d), creditor must show there was substantial justification in pursuing its claim.
Bankruptcy BAP Mar. 13, 2020