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Bankruptcy Court for the Northern District of California Court Cases
In Re Tran (2010)Martha Bronitsky, chapter 13 Trustee (the "Trustee"), has objected to the chapter 13 plan filed by Vicki Tran, one of the above debtors ("Tran"), and has also requested dismissal of Tran's chapter 13 case. The Trustee has also objected to the chapter 13 plan filed by Lorna Bennett ("Bennett"), but has not requested dismissal. Because the Trustee's objections raise a legal issue common to both of these unrelated chapter 13 cases, the court will address the Trustee's objections in a single [...]
Court: Bankruptcy Court for the Northern District of California Docket: 10-40503-EDJ, 10-41032-EDJ
In Re Pak (2006)
Sara L. Kistler, Acting United States Trustee, (the "UST") moves to dismiss the above-captioned case as an abuse of the Bankruptcy Code pursuant to section 707(b)(3). For the reasons stated below, the motion will be GRANTED.
Court: Bankruptcy Court for the Northern District of California Docket: 05-49326 TD
In Re Swan (2007)Before the Court is the amended objection of American Express Centurion Bank ("Creditor") to confirmation of the amended chapter 13 plan of Cathie M. Swan ("Debtor"). Creditor's objection is based on the assertion that (1) Debtor has not pledged all of her projected disposable income in support of the amended plan; (2) that Debtor (A) improperly claimed a transportation ownership expense based on the IRS Local Standard Transportation Expense Standards on Form B22C for a vehicle she owns free [...]
Court: Bankruptcy Court for the Northern District of California Docket: 06-50708-ASW
In Re Gbadebo (2010)
The Modified First Amended Plan of Reorganization (the "Plan") of the above-captioned debtor (the "Debtor") came on for an evidentiary confirmation hearing. The hearing was necessitated by the objection and negative vote on the Plan by Abraham Oshuntola ("Oshuntola"), a judgment creditor. At the conclusion of the hearing, the Court took the matter under submission. For the reasons stated below, the Court now concludes that the Plan may not be confirmed.
Court: Bankruptcy Court for the Northern District of California Docket: 09-42526 T
In Re Acaya (2007)
Wells Fargo Financial Acceptance (WFFA) objects to confirmation of Leticia Acaya's proposed chapter 13 plan. At issue is whether the negative equity from Acaya's trade-in vehicle should be treated as purchase money for the purposes of the hanging paragraph of § 1325(a) or whether the entire transaction has been transformed, entirely losing its purchase money status, or whether the dual status rule is applicable in California.
Court: Bankruptcy Court for the Northern District of California Docket: 06-51741-MM
This matter comes before the Court on cross-motions for summary judgment. The plaintiff is John W. Richardson, Chapter 7 Trustee ("Trustee") in the bankruptcy case of M. Blackburn Mitchell, Incorporated, dba Mitchell Development ("Debtor"). The defendant is the Federal Deposit Insurance Corporation ("FDIC"), which is sued in its corporate capacity.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 590-05037-ASW. Adv. No. 92 5488
This action involves a complaint to avoid allegedly fraudulent and preferential transfers, under 11 U.S.C. §§ 544(b), 547 and 548. Plaintiff/Debtor, Pajaro Dunes Rental Agency, Inc. ("PDRA"), claims that a $1 million note against it in favor of Defendants, Laurence Spitters, et al. ("Spitters"), supposedly used to finance construction of a new office building and conference center, is void as a fraudulent transfer. PDRA also claims that the interest payments made on this note within one year [...]
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 91-53976-ASWCZ. Adv. No. 92-5006
Duane M. Geck, Severson & Werson, San Francisco, Cal., Stephen P. McCarron, Steven H. Kerbel, Sures, Dondero and McCarron, Silver Spring, Md., for Debruyn Produce and Colvin Distributing Co.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy Nos. 4-89-00513 N3, 4-89-0078 and 4-89-0079 AJ
In this adversary proceeding, the plaintiff John Kendall (the "Trustee"), the trustee of the above-captioned chapter 11 estate, seeks judgment against defendant Bank of California, N.A. ("BanCal") in the principal amount of $1.5 million as the recipient of a constructively fraudulent transfer in connection with a leveraged buyout. For the reasons stated below, the Court finds for the Trustee. The Court concludes that the events that took place on March 11, 1988 constituted a fraudulent [...]
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 4-89-00513 N3, Adv. Nos. 4-90-0052 AT, 91-4618 AJ 91-4664 AN
In Re Western Asbestos Co. (2003)
Margaret Sheneman, Murphy, Sheneman, Julian and Rogers, San Francisco, CA, Michael H. Aherns, Sheppard, Mullin, Richter and Hampton, San Francisco, CA, Peter Van N. Lockwood, Caplin, Drysdale and Chartered, Washington, DC, for Official Committee of Unsecured Creditors.
Court: Bankruptcy Court for the Northern District of California Docket: 02-46284 T to 02-46286 T
In Re Hammarstrom (1989)
This case presents two questions regarding the dischargeability of educational loans. The first question is whether an educational loan signed solely by the student's parent is nondischargeable pursuant to section 523(a)(8) of the Bankruptcy Code. The second question is whether an educational loan initially made by a commercial bank but immediately purchased by a nonprofit organization is covered by section 523(a)(8). I decide both questions in the affirmative.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 3-87-03913-E-LK, Adv. No. 3-88-0273-TC
In Re Hamilton Taft & Co. (1995)
J. Michael Kelly, Cooley Godward Castro, San Francisco, CA (Thomas K. Potter, III, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, of counsel), for defendants Howard, Weil, Labouisse, Friedrichs Inc., Howard Weil Financial Corp. and Legg Mason, Inc.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 91-3-1077-TC. Adv. No. 93-3-121-TC
In Re Lennen (1987)All of these matters involve the Trustee's objection to claims of exemption under California law. In Lennen and Wood, the issue is whether a married couple is limited to the same exemptions as a single person under California Code of Civil Procedure section 703.140(b), or whether they may double them. In Ferraro and Baird, the issue is whether one debtor may elect the exemptions under Code of Civil Procedure section 703.140(b) and his or her spouse elect the exemptions under sections 704.010 et [...]
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy Nos. I-86-01649, I-86-00864, I-86-01347 and I-85-01218
In Re Mason (2004)
David Mason ("Debtor") filed a plan ("Plan") in this Chapter 13  case and it was confirmed. The Debtor now seeks to modify the Plan, which is opposed by Household Automotive Finance ("Creditor").
Court: Bankruptcy Court for the Northern District of California Docket: 03-53071-ASW
In Re Pak (2006)The above-captioned debtor (the "Debtor") seeks confirmation of his amended Chapter 13 plan, filed on August 1, 2006 (the "Plan"). The chapter 13 trustee (the "Trustee") and an unsecured creditor ("American Express") object to confirmation. Section 1325(b)(1)(B) provides that, when the chapter 13 trustee or an unsecured creditor objects to confirmation, the plan may not be confirmed unless it provides that all of the debtor's "projected disposable income" will be used to pay unsecured [...]
Court: Bankruptcy Court for the Northern District of California Docket: 05-49326 TG
In Re Stivers (1983)
Petitioner Diablo Bank made a post-judgment motion in April 1983 to intervene in an adversary proceeding seeking relief from stay. The proceeding had concluded in an order lifting the stay entered in July 1982. The motion is denied.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 4-82-0571H, Adv. No. 4-82-0295AH
In Re Comisky (1995)
Plaintiff Susan Comisky is the former wife of debtor and defendant James Comisky. When they were divorced in 1991, their marital settlement agreement provided that James would have possession of the family home. Susan was to receive $38,619.00 for her share of the community, with $20,000.00 payable in cash upon refinancing and the rest in the form of a note secured by the residence.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 94-12857. Adv. No. 95-1061
In Re Bohrer (2001)In this Chapter 13 case, debtor Robert Bohrer originally scheduled his monthly expenses at $2,073.55. He proposed a plan which provided for a dividend of about 10% to his unsecured creditors. Upon examining Bohrer, the trustee discovered that he had understated his monthly income by several hundred dollars. In response, the debtor amended his schedules twice, first to change his monthly expenses to $2,143.55, and then to $2,322.55. Thus, even though Bohrer admits that his income is $430.00 per [...]
Court: Bankruptcy Court for the Northern District of California Docket: 01-10541
In Re GOCO Realty Fund I (1993)The debtor, GOCO Realty Fund I ("GOCO"), a California Limited Partnership, paid its attorneys in excess of $725,000 prior to filing the bankruptcy petition. Of this sum, more than $500,000 was paid as a retainer for a suit against its only secured creditor, New West Federal Savings & Loan Association ("New West"). New West moved for the return of the pre-petition legal retainers arguing that to permit GOCO to pay its counsel from cash subject to New West's lien compels New West [...]
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 92-5-3651-MM
In Re Serrato (1997)
This adversary proceeding is one of several fraudulent transfer actions filed by the trustee arising in the chapter 7 case of Sophie Serrato. What sets this proceeding apart from the typical fraudulent transfer action is the sophistication of the participants and their familiarity with the bankruptcy process.
Court: Bankruptcy Court for the Northern District of California Docket: Bankruptcy No. 590-04408, Adv. No. 92-5396