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Name Category Published
Dingley v. Yellow Logistics LLC (In re Dingley)
Civil contempt proceedings against debtor who failed to comply with discovery rules are exempted from automatic stay under 'government regulatory exemption.' 		Bankruptcy Apr. 4, 2017
First Community Bank v. Gaughan (In re Miller)
California bank may enforce judgment lien against Arizona couple's property located in California even if debtor-husband was the sole signatory to guaranty underlying judgment. 		Bankruptcy Apr. 3, 2017
In re Gugliuzza
Federal appellate courts only have jurisdiction over bankruptcy proceeding where lower court order 'alters status quo and fixes rights and obligations of parties;' district court remand order does not do as much. 		Bankruptcy Mar. 27, 2017
Czyzewski v. Jevic Holding Corp.
Bankruptcy court that orders dismissal of Chapter 11 case cannot, without consent of parties, deviate from basic priority rules regarding distribution of estate value. 		Bankruptcy Mar. 23, 2017
Brace v. Speier (In re Brace)
California's community property presumption applies in bankruptcy disputes involving the characterization of marital property, rendering fraudulently transferred properties entirely recoverable by bankruptcy estate. 		Bankruptcy Mar. 17, 2017
In re Tenderloin Health
In preference action, trustee in bankruptcy successfully recovers for bankruptcy estate loan payment debtor made to bank by satisfying 'greater amount test.' 		Bankruptcy Mar. 8, 2017
Wharton v. Schwartzer (In re Wharton)
Debtors' claimed exemption to classic car properly denied where it was subject to avoidance and recovery in light of creditor's unperfected security interest. 		Bankruptcy Feb. 15, 2017
County of Imperial Treasurer-Tax Collector v. Stadmueller (In re RW Meridian LLC)
Debtor retains equitable and legal rights to property though its right to redeem has lapsed; postpetition tax sale therefore void for violating automatic stay. 		Bankruptcy Feb. 7, 2017
In re Tomkow
Bankruptcy court appropriately gives issue preclusive effect to fraud claim in state court judgment even though California Court of Appeal affirms judgment on different ground. 		Bankruptcy Jan. 17, 2017
Kupfer v. Salma (In re Kupfer)
Statutory cap on landlord's claims against tenant in bankruptcy applies only to claims resulting directly from termination of lease, not collateral claims. 		Bankruptcy Dec. 29, 2016
In re Faitalia
Bankruptcy court errs in awarding debtors' their attorney fees and costs under statute, resulting in reversal in planned community association's favor. 		Bankruptcy Dec. 13, 2016
Strickland v. U.S. Trustee (In re Wojcik)
Paralegal's use of the word 'legal' in her business name and advertisements violates strict liability provision of Bankruptcy Code Section 110(f). 		Bankruptcy Dec. 13, 2016
In re Molasky
Debtor's motion to dismiss reversed, where intervenor can proceed with litigation as sole remaining party even after dismissal of original party who represented intervenor's interest. 		Bankruptcy Dec. 12, 2016
Blixseth v. Brown (In re Yellowstone Mountain Club LLC)
Plaintiffs must seek bankruptcy court's permission to sue member of Unsecured Creditors' Committee pursuant to 'Barton' doctrine. 		Bankruptcy Nov. 28, 2016
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Bankruptcy Appellate Panel lacks jurisdiction to consider debtor's petition because writ of mandamus cannot substitute for a timely appeal. 		Bankruptcy Nov. 9, 2016
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law. 		Bankruptcy Nov. 6, 2016
Spokane Law Enforcement Credit Union v. Barker (In re Barker)
Debtor's acknowledgment of debt in bankruptcy schedule does not relieve creditor of affirmative duty to timely file proof of claim. 		Bankruptcy Oct. 27, 2016
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value. 		Bankruptcy Sep. 22, 2016
Deocampo v. Potts
California law does not render judgment against indemnifiable employees a liability of the municipal employer for purposes of adjusting or discharging debts of a chapter 9 debtor. 		Bankruptcy Sep. 8, 2016
In re Castellino Villas LLC
Attorney fees incurred during litigation following confirmation of Chapter 11 bankruptcy plan discharged by that bankruptcy under 'fair contemplation' test. 		Bankruptcy Sep. 6, 2016
In re GACN, Inc.
Litigation stemming from dispute regarding insurance contract does not constitute "core bankruptcy proceeding" for jurisdictional purposes. 		Bankruptcy Aug. 30, 2016
In re Berkeley Delaware Court, LLC
Bankruptcy Code Section 363 applies to sale of legal claims of an estate, barring challenge on appeal without successful petition for stay of sale pending appeal. 		Bankruptcy Aug. 23, 2016
In re Del Biaggio
Under 11. U.S.C. Section 510(b), damages claim of individual debtor subordinate to other claims senior to or equal to it. 		Bankruptcy Aug. 22, 2016
Rivera v. Orange County Probation Dept. (In re Rivera)
Debtor's liability to county arising from son's involuntary juvenile detention does not constitute 'domestic support obligation,' and is, therefore, dischargeable. 		Bankruptcy Aug. 11, 2016
Salven v. Galli (In re Pass)
Bankruptcy court erroneously prevents trustee from selling house by virtue of California's declared homestead protections; nevertheless, automatic homestead exemption applies to prevent sale. 		Bankruptcy Aug. 3, 2016
Cardenas v. Shannon (In re Shannon)
Washington default judgment against debtors properly discharged after owners of Mexican-themed restaurant fails to establish non-dischargeability by false representation or fraud. 		Bankruptcy Jul. 27, 2016
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Order 		Bankruptcy Jul. 15, 2016
In re Smith
Debtor's belated tax filing not 'honest and reasonable' attempt to comply with tax code, and thus not a return whose tax liability is dischargeable in bankruptcy. 		Bankruptcy Jul. 14, 2016
Desert Pine Villas Homeowners Association v. Kabiling (In re Kabiling)
Homeowners Association properly found in contempt of discharge injunction where subsequent quiet title action included allegations regarding debtors' prepetition debts. 		Bankruptcy Jun. 15, 2016
Greif & Co. v. Shapiro (In re Western Funding Inc.)
Post-chapter 11 confirmation settlements negotiated by liquidating trustees are not subject to same 'fair and equitable' standard as settlements negotiated by bankruptcy trustees. 		Bankruptcy Jun. 14, 2016
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