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Summary: 157 B.R. 467 (1993) In re William Alan MORGAN, and Phyllis Marie Morgan, Debtors. Thomas J. Frederick, Law Offices of Timothy W. Tuttle, Laguna Hills, CA, for defendants/debtors William A. Morgan and Phyllis M. Morgan. I. INTRODUCTION William Alan Morgan and Phyllis Marie Morgan ("Debtors") contend that pursuant to 11 U.S.C. § 522(b) of the Bankruptcy Code ("Code") and California Code of Civil Procedure ("C.C.P.") Sections 704.730 and 704.965 they are entitled to the $75,000 homestead exemption ......read more.


Summary: 411 B.R. 659 (2008) In re William S. PATRICK, Debtor. This case presents an issue of first impression under the 2005 amendments to the Bankruptcy Code: under what conditions may a debtor exempt an individual retirement arrangement ("IRA") from the bankruptcy estate under the federal exemptions created by 11 U.S.C. § 522(b)(3)(C) and (d)(12)?I. STATEMENT OF RELEVANT FACTS On January 31, 2007, William S. Patrick ("Debtor") filed a voluntary Chapter 7 petition. Since then, several issues have been ......read more.


Summary: 370 B.R. 259 (2007) In re COUNT LIBERTY, LLC, and West-All Properties, LLC, Debtors. *260 *261 *262 Dennis Winters, Esq., Winters Law Firm, Santa Ana, CA, for Count Liberty, LLC & West-All Properties, LLC. Jan A. Kalicki and Rosalind J. Kalicki appeared pro se, Dennis Winters appeared on behalf of Debtors, Count Liberty, LLC and West-All Properties, LLC, and James Jay Stoffel appeared for Daniel L. Muhe and Financial Freedom Loans, Inc. (collectively, "Muhe"). On August 11, 2004, Count Liberty, ......read more.


Summary: 290 B.R. 758 (2003) In re Lorne K. BUCK, Debtor. On September 30, 2002, Lorne K. Buck ("Debtor") filed his voluntary petition under chapter 7 in this case. [3] On November 4, 2002, Debtor signed a document entitled "Declaration for Debtors Without an Attorney" stating under penalty of perjury that he paid the filing fee to We the People in conjunction with his bankruptcy — a $200 cashier's check payable to the United States Bankruptcy Court. We the People merely arranged, on behalf of the Debtor......read more.


Summary: 451 B.R. 12 (2011) In re Richard John RINARD, Debtor(s). Richard John Rinard, Debtor and Helen R. Frazer, Chapter 7 Trustee, Plaintiff(s), v. Positive Investments, Inc., Defendant(s). Before the Court is an Emergency Motion pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Movants Richard John Rinard (the "Debtor") and Helen R. Frazer, the Chapter 7 Trustee for the Debtor's Bankruptcy Estate ("Trustee") (together the "Movants") seeking entry of a temporary restraining order an......read more.


Summary: 296 B.R. 509 (2003) In re WLB-RSK VENTURE, a California General Partnership, Alleged Debtor. FINDINGS OF FACT Though the history of WLB-RSK Venture ("Venture" or "Alleged Debtor") and litigation affecting it is complex, for purposes of my ruling on Breslow's Motion, I believe the pertinent facts can be summarized as follows: 1. Venture is a California general partnership. As a result of this litigation: (a) two settlement agreements and an amendment to the Channel partnership agreement were exec......read more.


Summary: 240 B.R. 51 (1999) In re Reynold M. DE ARMOND & Laura D. de Armond, Debtors. Bankruptcy Receivables Management, Plaintiff, v. Reynold M. de Armond & Laura D. de Armond, Defendants. I. INTRODUCTION Plaintiff Bankruptcy Receivables Management (BRM) has made claims in this adversary proceeding against the debtors Reynold and Laura de Armond under Bankruptcy Code §§ 727 (denial of discharge) and 523 (exceptions to discharge).FACTS BRM alleges[2] that the de Armonds[3] purchased jewelry and loose gem......read more.


Summary: 114 B.R. 229 (1990) In re AMS REALTY, INC., a California Corporation, Debtor. AMS REALTY, INC., a California Corporation, Plaintiff, v. John TAO, and Jeffrey Schainen, Defendants. Previous to the filing of the adversary action, Mildred Carroll, the Debtor's agent, filed on January 2, 1986 a similar contract action in State court against the defendants and the Debtor seeking to recover the commission she allegedly earned as a result of the May 17, 1984 sale. As grounds for his motion, the Defenda......read more.


Summary: 370 B.R. 815 (2007) In re Brenda Kaye WILKINS, Debtor. Debtor Brenda K. Wilkins filed her voluntary chapter 7 bankruptcy on March 8, 2007. Debtor's undisputed evidence filed in response to the motion *817 to dismiss showed that the monthly payment on the secured debt to Ameriquest Mortgage was $1,749.74 in April, 2007, rising to $1,994.07 on May 1, 2007. For purposes of this test, the debtor's CMI is "the average monthly income from all sources that the debtor receives . . . without regard to wh......read more.


Summary: 63 B.R. 706 (1986) In re Ben Alfred CARLSEN, Jr., aka Ben A. Carlsen, Jr., Debtor. Ben Alfred CARLSEN, Jr., aka Ben A. Carlsen, Jr., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant. The debtor seeks damages, the turnover of property to the estate pursuant to 11 U.S.C. § 542(a), and injunctive relief restraining the Internal Revenue Service from further levies on the debtor's salary. It is undisputed that prior to Carlsen's payday of August 15, 1985, the Internal Revenue Service was aware of th......read more.


Summary: 116 B.R. 208 (1990) In re HATHAWAY RANCH PARTNERSHIP, a California Limited Partnership, Debtor. The Debtors On April 13th, 1990 the debtor and debtor in possession in this Chapter 11 case, *210 Hathaway Ranch Partnership, a California Limited Partnership ("Hathaway"), commenced this bankruptcy case by filing its voluntary petition under Chapter 11. Rheuban signed the petition as general partner of CRS Associates, a California Limited Partnership ("CRS"). Shortly after April 13th, 1990, Hathaway ......read more.


Summary: 257 B.R. 7 (2000) In re Janis Y. BECKFORD, Debtor. Julian Beckford, Plaintiff, v. Janis Y. Beckford, Defendant. The first exception applies if the debtor is unable to pay the debt from any of the debtor's income or property "not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor."[6] I have recalculated Mrs. Beckford's monthly expenses and juxtaposed Dr. Beckford's similar expenses, as follows: ......read more.


Summary: 364 B.R. 385 (2007) In re Aron A. LASKY and Joene R. Lasky, Debtors. With respect to Debtors' objection that Joene Lasky is not liable on these claims, this objection is sustained.[1] With respect to Debtors' objection that Aron Lasky is not liable on these claims, this objection is sustained in part and overruled in part. Moreover, it is not clear from Aron Lasky's declaration, also made under penalty of perjury, that he is contesting the full amount of Claim Nos. 1, 5, 6 and 7 as opposed to th......read more.


Summary: 377 B.R. 658 (2007) In re Vanessa Patricia CANALES, Debtor. Specifically, the central issue in this case is whether 11 U.S.C. § 707(b)(2)(A)(ii)(I) permits a Chapter 7 debtor who owns her vehicle free and clear of any loan or lease payments to claim a transportation ownership deduction for purposes of calculating her disposable monthly income under the means test. Statement of Facts and Procedural History On May 22, 2007, Debtor Vanessa Patricia Canales ("Debtor") filed a voluntary petition unde......read more.


Summary: 195 B.R. 129 (1995) In re DAK INDUSTRIES INCORPORATED, a California corporation, Debtor. DAK INDUSTRIES, INCORPORATED, a California corporation, Plaintiff, v. DOT-LINE TRANSPORTATION, a California corporation, Defendant. In connection with those shipments which Dot-Line picked up from DAK, Dot-Line issued freight bills which carried a notice to DAK that a carrier's lien might arise on future shipments: ICC REGULATIONS REQUIRE PAYMENT WITHIN 15 DAYS OF PRESENTATION. On June 11, 1992, Dot-Line pic......read more.


Summary: 137 B.R. 791 (1992) In re ANAHEIM ELECTRIC MOTOR, INC., Debtor. Debtor brought a motion for use of cash collateral in the form of an account receivable in which the Internal Revenue Service ("IRS") held a perfected security interest. IRS had given proper notice of levy before debtor filed its Chapter 11 petition, and asserted that the account receivable was not property of the bankruptcy estate. On October 31, debtor filed a motion asserting that the Receivable was property of the bankruptcy est......read more.


Summary: 302 B.R. 682 (2003) In re OAK PARK CALABASAS CONDOMINIUM ASSOCIATION, Debtor. Oak Park Calabasas Condominium Association seeks reconsideration of its Second Modified Plan of Reorganization, apparently on the grounds that the Court made a manifest error of law in the application of 11 U.S.C. §§ 1129(a)(7) and 726(a)(5).On October 23, 2003, I entered a Memorandum of Decision on Confirmation of the Debtor's Plan followed by an Order Denying Confirmation, which was entered on November 6, 2003. [5] T......read more.


Summary: 53 B.R. 945 (1985) In re COMARK, Limited Partnership, Debtor. Plaintiff, Sam Jonas, is the duly appointed and acting Chapter 7 Trustee for Comark, a California Limited Partnership, which is the Debtor in a proceeding now pending before the Court. This notification further recited that under the provisions of Section 723 of the Bankruptcy Code, the Bankruptcy Court had the authority to enter an order enjoining all creditors of Comark from prosecuting claims against Comark's general partners pendi......read more.


Summary: 5 B.R. 304 (1980) In re KENNY KAR LEASING, INC. On July 1, 1980, Kenny Kar Leasing (hereinafter referred to as "Kenny"), filed a proceeding under Chapter 11 (11 U.S.C. § 1101 et seq.). Kenny's arrangements with Crocker may be summarized as follows: (a) Vehicles are purchased by Kenny with the use of funds borrowed from Crocker; (b) Kenny leases these vehicles; (c) The leases and all payments thereunder are pledged to Crocker to secure repayment of its loans to Crocker. On July 11, 1980, Crocker ......read more.


Summary: 135 B.R. 980 (1991) In re Patricia Jean POWERS aka Patricia Jean Gillenwater, Debtor. On April 1, 1991, in the above-entitled matter, Movant Charles Kimes (hereinafter "Kimes" or "Movant") brought on for hearing before the undersigned United States Bankruptcy Judge a motion to dismiss Debtor's case under 11 U.S.C. § 1307(c), a motion for relief from stay pursuant to 11 U.S.C. § 362(d)(1), and for sanctions under Bankruptcy Rule 9011. Norman L. Hanover, Esq. appeared for Movant Kimes; William J. ......read more.