Clear

337 search results for query


Citation: 430 B.R. 549 | Docket No.: 19-50179
Status: Published | Citing: 14
Summary: 430 B.R. 549 (2009) In re MICHAEL H. CLEMENT CORPORATION, Debtor-in-Possession. The motion of Frank C. Alegre, Sr. and Helen C. Alegre as Trustees of the Frank C. Alegre and Helen C. Alegre Revocable Trust (hereinafter "Alegre") for an order deeming a nonresidential lease of real property rejected due to the debtor's failure *551 to assume it within the time required by 11 U.S.C. § 365(d)(4) and for surrender of the leased premises came before the Court on October 5, 2009. SUMMARY OF FACTS The a......read more.




Citation: 84 B.R. 673 | Docket No.: 16-30293
Status: Published | Citing: 59
Summary: 84 B.R. 673 (1988) In re VISIDATA CORPORATION, Debtor. Debtor Visidata Corporation (Visidata) was also engaged in the manufacture of computer hardware and software. The promissory note evidencing the loan provided that Fortune Systems could, at its discretion, offset amounts due to Visidata for terminals shipped to Fortune Systems against the amount Visidata owed on the note. Visidata sent invoices to Fortune Systems regarding these deliveries and Fortune Systems remitted approximately $360,199 ......read more.


Citation: 377 B.R. 271 | Docket No.: 19-30098
Status: Published | Citing: 13
Summary: 377 B.R. 271 (2007) In re Patricia VIGNOLA, Debtor. Before the Court is the objection by Debtor Patricia Vignola ("Debtor") to the claim of the California Franchise Tax Board ("FTB"). Debtor objects to the *274 FTB's claim relating to unpaid California state income taxes for tax year 1991 on the ground that the claim was improperly calculated. Debtor filed her California state income tax return for fiscal year 1991 on or about June 15, 1992. On January 8, 1996, the FTB mailed Debtor a Notice of ......read more.


Citation: 314 B.R. 206 | Docket No.: 19-40216
Status: Published | Citing: 11
Summary: 314 B.R. 206 (2004) In re LIBERATE TECHNOLOGIES, Debtor. Although Debtor's business is unsuccessful, dismissal is appropriate, because Debtor has cash well in excess of its liabilities and does not need bankruptcy protection to avoid wasteful liquidation of its business assets. FACTS Debtor Liberate Technologies develops and licenses software used by cable television companies in providing video-on-demand services and high-definition television. Debtor asserts that the lawsuits and losses have d......read more.


Citation: 329 B.R. 865 | Docket No.: 14-03137
Status: Published | Citing: 28
Summary: 329 B.R. 865 (2005) In re Jacqueline C. MELCHER, aka Jacqueline Carlin, Debtor. *866 *867 Dennis D. Davis, Ann E. Soter, Terrance L. Stinnett, Goldberg, Stinnett, Meyers and Davis, San Francisco, CA, Nanette Dumas, Office of the U.S. Trustee, San Jose, CA, Acqueline C. Melcher, Carmel, CA, William C. Lewis, Law Offices of William C. Lewis, Palo Alto, CA, Mark W. Hafen, Law Offices of Dozier and Hafen, Salinas, CA, Kenneth J. Campeau, Campeau, Goodsell and Diemer, San Jose, CA, for Debtor. Before......read more.


Citation: 74 B.R. 336 | Docket No.: 19-40232
Status: Published | Citing: 16
Summary: 74 B.R. 336 (1987) In re CALIFORNIA CANNERS AND GROWERS, a California agricultural non-profit cooperative association, Debtor. CALIFORNIA CANNERS AND GROWERS, a California agricultural non-profit cooperative association, Plaintiff, v. BANK OF AMERICA, N.T. AND S.A., Sacramento Bank for Cooperatives, Central Bank for Cooperatives, Wells Fargo Bank, N.A., Mellon Bank, California First Bank, and Does 1 through 120, Defendants. United States Bankruptcy Court, N.D. California. William Bates, III, Loy......read more.


Citation: 357 B.R. 553 | Docket No.: 15-31522
Status: Published | Citing: 20
Summary: 357 B.R. 553 (2006) In re Michael Angelo CARBAAT, Debtor. In this adversary proceeding, plaintiff John T. Kendall, the duly appointed chapter 7 trustee, (the "Trustee") seeks to avoid the pre-petition transfer by the debtor (the "Debtor") to his former wife, defendant Silvia Carbaat ("Silvia"), of his interest in their family home (the "House") and in an unsecured promissory note (the "Note") pursuant to 11 U.S.C. § 548(a) and § 544(b). Applicable Law As applicable to this case, 11 U.S.C. § 548(......read more.


Citation: 385 B.R. 713 | Docket No.: 19-50205
Status: Published | Citing: 88
Summary: 385 B.R. 713 (2008) In re Anthony S. GOULD, Debtor. The IRS requests that the automatic stay of Bankruptcy Code § 362 [1] be modified to permit it to offset pre-petition income tax liabilities owed by debtor Anthony S. Gould ("Debtor") against pre-petition income tax refunds[2] claimed by Debtor. [8] On March 2, 2005, the IRS filed an objection to confirmation of the Original Plan on the basis of Debtor's failure to file tax returns and the Original Plan's failure to provide full payment for the......read more.


Citation: 369 B.R. 564 | Docket No.: 19-30093
Status: Published | Citing: 18
Summary: 369 B.R. 564 (2007) In re Leticia I. ACAYA, Debtor. INTRODUCTION Wells Fargo Financial Acceptance (WFFA) objects to confirmation of Leticia *566 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. ......read more.


Citation: 369 B.R. 549 | Docket No.: 19-10051
Status: Published | Citing: 9
Summary: 369 B.R. 549 (2007) In re Thomas LLOYD, Debtor. Jeffrey E. Hoffman, Plaintiff, v. Thomas R. Lloyd, an individual, Edward L. Blum, an individual, and Does 1 through 20, inclusive, Defendants. Thomas Lloyd, Cross-Plaintiff, v. Jeffrey E. Hoffman, dba H & B Properties; H & B Properties, LLC,; J. Edwards Investment Group, Inc., and Norcal Financial, Inc., Cross-Defendants. Jeffrey J. Goodrich, Law Offices of Goodrich and Assoc., Greenbrae, CA, for Thomas Lloyd. FACTS Thomas Lloyd owned and resided i......read more.


Citation: 258 B.R. 206 | Docket No.: 19-50187
Status: Published | Citing: 14
Summary: 258 B.R. 206 (2001) In re Kwan and Betty CHU, Debtors. The above-captioned debtors (the "Debtors") move to avoid the lien of Creditors Kin Lam Tse and Yuk Mui Tse ("Creditors") on their residence pursuant to 11 U.S.C. § 522(f)(1)(A). Grand Orient executed a promissory note in favor of the Creditors (the "Note") evidencing the debt (the "Debt"), and the Debtors executed a deed of trust (the "Deed of Trust") in favor of the Creditors granting them a security interest in the Residence to secure the......read more.


Citation: 167 B.R. 591 | Docket No.: 19-50200
Status: Published | Citing: 23
Summary: 167 B.R. 591 (1994) In re DIVERSIFIED CONTRACT SERVICES, INC., Debtor. May 11, 1994. Pepler represented that he had been informed that Lorence was: (1) billing the estate for alleged business expenses that were in fact personal, (2) diverting assets of one estate to pay the expenses of another, and (3) attempting to negotiate a position for herself as a consultant as a condition of the sale of the debtor's assets. Plaintiff's motions to abstain and remand and for sanctions under rule 9011 of the......read more.


Citation: 158 B.R. 1004 | Docket No.: 19-30100
Status: Published | Citing: 27
Summary: 158 B.R. 1004 (1993) In re SCCC ASSOCIATES II LIMITED PARTNERSHIP, a California limited partnership, Debtors. United States Bankruptcy Court, N.D. California. Merle Myers, Goldberg, Stinnett & MacDonald, San Francisco, CA, for debtor SCCC Associates II Ltd. Partnership. Before the court is the motion for summary judgment by the City of Santa Clara (the "City") and Redevelopment Agency *1005 for the City of Santa Clara (the "Agency") and the counter-motion for summary judgment by SCCC Associates ......read more.


Citation: 294 B.R. 318 | Docket No.: 19-50219
Status: Published | Citing: 19
Summary: 294 B.R. 318 (2003) In re Margarita BOUZAS, Debtor. The Debtor's dissolution attorney ("Michell") claims an attorney's charging lien in the Sale Proceeds. Shortly thereafter, Michell withdrew $10,000 from the trust fund and applied them to her bill, according to the Debtor without the Debtor's authorization.She asserts that the claim is secured by the Debtor's share of the Sale Proceeds (as ultimately determined *321 by the family law court) by virtue of the lien granted her in the Contract. Mic......read more.


Citation: 71 B.R. 189 | Docket No.: 19-30110
Status: Published | Citing: 4
Summary: 71 B.R. 189 (1987) In re WOODRIDGE NORTH APTS., LTD., a California Limited Partnership, Debtor. FACTS Woodridge North Apartments, Ltd., the chapter 11 debtor in this case, is a limited partnership organized under the laws of California. Because Debtor has no equity in the Property, relief from stay must be granted unless the Property is essential to Debtor's reorganization. Section 1111(b)(1)(A), however, provides that a nonrecourse deficiency claim generally shall be treated as a recourse claim......read more.


Citation: 205 B.R. 427 | Docket No.: 13-31960
Status: Published | Citing: 18
Summary: 205 B.R. 427 (1997) In re PRESTIGE LIMITED PARTNERSHIP-CONCORD, a California limited partnership, Debtor(s). PRESTIGE LIMITED PARTNERSHIP-CONCORD, a California limited partnership, Plaintiff(s), v. EAST BAY CAR WASH PARTNERS, a California limited partnership, Defendant(s). I. INTRODUCTION The debtor and plaintiff in this adversary proceeding is Prestige Limited Partnership, a California limited partnership. Prestige's General Partner is Mesa Full Service Car Wash Partners, which is an Arizona li......read more.


Citation: 193 B.R. 12 | Docket No.: 17-40816
Status: Published | Citing: 23
Summary: 193 B.R. 12 (1996) In re Jane DOE, Debtor. I. Introduction[*] The debtor in this Chapter 13 case ("Debtor") has proposed a Chapter 13 plan whereby she will pay secured creditors in full, with no dividend to be paid to unsecured creditors. The plan attempts to deny priority (and thus leave completely unpaid) attorney's fees and expenses that are part of a state court judgment in an action for the custody of Debtor's minor daughter ("Child"). On July 8, 1992, Debtor filed a complaint in the San Fr......read more.


Citation: 206 B.R. 196 | Docket No.: 19-40236
Status: Published | Citing: 19
Summary: 206 B.R. 196 (1997) In re Charles PHILLIPS and Jean Phillips, Debtors. *197 Matthew J. Shier, Poppin & Shier, San Francisco, CA, for Charles & Jean Phillips, Debtors. Were the court to adopt the debtors' theory of this case, it might just as well inform California creditors that there will be no more enforcement of judgments against individual debtors since all those debtors *198 need to do to frustrate their creditors' efforts is claim that they have planned the use of their assets for their la......read more.


Citation: 286 B.R. 910 | Docket No.: 13-56473
Status: Published
Summary: 286 B.R. 910 (2002) In re Anthony McNEAL, Debtor. *911 Facts In response to the Order to Show Cause and prior to the October 23, 2002 hearing, Irvine submitted a copy of his employment agreement with the Debtor (the "Agreement"), dated May 29, 2002; time sheets detailing services he performed on behalf of Debtor; a statement noting that Irvine is not an attorney and that he was hired to deal with the Debtor's home mortgage lender, Fairbanks Capital Corporation; and various financial documents us......read more.