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Summary: 83 B.R. 25 (1988) In re Ellen J. HODGES, Debtor. SEARS, ROEBUCK & CO., Plaintiff, v. Ellen J. HODGES, Defendant. On July 23, 1986, and September 20, 1986, debtor and defendant Ellen Hodges purchased tools, a tool chest, and a tool cabinet from plaintiff Sears, charging the purchases on her Sears charge card.


Summary: 355 B.R. 177 (2006) In re Johanna P. WELTY, etc., Debtor. Lois I. Brady (the `Trustee"), chapter 7 trustee in the above-captioned bankruptcy case, moves for summary judgment in the above-captioned adversary proceeding, objecting to the amended claim filed by defendant Frank A. Welty, III ("Welty") on May 5, 2006 (the "Amended Claim"). SUMMARY OF FACTS AND PROCEDURAL HISTORY Johanna A. Welty (the "Debtor") filed a voluntary petition seeking relief under chapter 7 of the Bankruptcy Code on March 4......read more.


Summary: 5 B.R. 673 (1980) In re Mario E. ANCIRA, Teresa M. Ancira, Debtors. Mario Ancira claimed a homestead exemption under California Civil Code, § 1260; the parties have agreed that the amount of that exemption claim is $30,000. The trustee contends that Teresa Ancira cannot be allowed a residential exemption of $7500 when her husband Mario Ancira claims a $30,000 homestead exemption for the same house.


Summary: 225 B.R. 719 (1998) In re GENERAL TEAMSTERS, WAREHOUSEMEN AND HELPERS UNION LOCAL 890, Debtor. Debtor is a local labor union, affiliated with the International Brotherhood of Teamsters ("IBT") and the Teamsters Joint Council No. 7 ("JC7"). Creditor urges that Debtor's Plan should provide for an increase in membership dues and/or temporary reduction or cessation of per capita tax payments for a period of time (or elimination of such obligations altogether, by termination of Debtor's affiliation w......read more.




Summary: 191 B.R. 186 (1996) In re NORTH BAY TRACTOR, INC., Debtor. In re Matthews, 154 B.R. 673, 677 (Bkrtcy.W.D.Tex.1993); In re Viscount Furniture Corp., 133 B.R. 360, 367 (Bkrtcy.N.D.Miss.1991); In re K & R Mining, Inc., 105 B.R. 394, 398 (Bkrtcy.N.D.Ohio 1989). See, e.g., In re Kingston Turf Farms, Inc., 176 B.R. 308 (Bkrtcy.D.R.I.1995); In re Rittenhouse, 76 B.R. 610 (Bkrtcy.S.D.Ohio 1987); Cf. In re Printing Dimensions, Inc., 153 B.R. 715, 719 (Bkrtcy.D.Md.1993).


Summary: 255 B.R. 884 (2000) In re Jennifer TURRETTO, Debtor. *885 *886 Jennifer J. Turretto, San Jose, CA, for plaintiff/debtor, in propria persona. Chapter 7 Debtor Jennifer Turretto ("Debtor") initiated this adversary proceeding, seeking discharge of a government-insured student loan ("loan") under § 523(a)(8)'s "undue hardship" exception.This Court finds that: (1) the failure to discharge the loan would constitute an "undue hardship" upon Debtor and Debtor's dependents under § 523(a)(8); and (2) the ......read more.


Summary: 414 B.R. 627 (2009) In re BROBECK, PHLEGER & HARRISON, LLP, Debtor. The trustee for debtor's retirement savings plan filed a claim against the estate for $4,416,786.73 due to unpaid employer contributions for the year 2002. FACTS[1] The dissolution of the law firm of Brobeck, Phleger & Harrison, LLP ("Brobeck") was announced to the firm's partners and employees on January 31, 2003. An amendment of Brobeck's partnership agreement appointed a Liquidation Committee as the administrator of Brobeck's......read more.


Summary: 424 B.R. 846 (2010) In re LCGI FAIRFIELD, LLC, Debtor-in-Possession. In re LCGI Victorville, LLC, Debtor-in-Possession. The motion of General Electric Asset Business Funding Corporation ("GE Capital")[1] to dismiss the above-captioned chapter 11 cases came before the Court on February 16, 2010. SUMMARY OF FACTS AND PROCEDURAL BACKGROUND[2] In 2002, GE Capital loaned the former owner of real property located in Fairfield, *848 California (the "Fairfield Property") approximately $1.7 million, paya......read more.


Summary: 95 B.R. 160 (1989) In re Richard Emil HAMMARSTROM, Sr. and Sarah K. Hammarstrom, Debtors. The EDUCATION RESOURCES INSTITUTE, INC., Plaintiff, v. Richard Emil HAMMARSTROM, Sr. and Sarah K. Hammarstrom, Defendants. [1] Debtors Richard and Sarah Hammarstrom are a married couple. In July 1987, Debtor Richard Hammarstrom submitted an application to borrow funds for their son's college expenses through a program called SHARE. On September 14, 1987, Richard Hammarstrom signed a promissory note in that ......read more.


Summary: 408 B.R. 299 (2009) In re CEDAR FUNDING, INC., Debtor. Larry W. Rollins and Marie P. Rollins, individually and as Trustees of the Rollins 2002 Family Trust, dated July 1, 2002, Douglas N. Forzani and Shirley J. Forzani, individually and as Trustees of the Forzani 1994 Revocable Family Trust, dated October 26, 2004, Plaintiffs, v. R. Todd Neilson, Trustee for Debtor, Cedar Funding, Inc., Defendant. April 10, 2009. INTRODUCTION Cedar Funding, Inc. (CFI) accepted many millions of dollars from hundr......read more.


Summary: 389 B.R. 105 (2008) In re Anthony S. GOULD, Debtor. The IRS requests that the automatic stay of Bankruptcy Code § 362[2] 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[3] claimed by Debtor. [9] On March 2, 2005, the *109 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......read more.




Summary: 299 B.R. 603 (2003) In re Jack W. MANNIE, Jr. and Margaret S. Mannie, Debtors. July 22, 2003. Scott Norton ("Norton"), Anthony Asher ("Asher") and the Law Firm of Sullivan, Ward, Bone, Tyler & Asher, P.C. ("Sullivan")(collectively the "Moving Parties") ask the Court to reconsider its order denying their motion to annul the automatic stay. In early 1998, Jack W. Mannie, Jr. (the "Debtor"), Diamond's president, terminated Jorge. The motion was noticed for hearing on February 6, 2003 and was contin......read more.


Summary: 156 B.R. 51 (1993) In re Frank and Patricia DONALDSON, Debtors. Based on a recent district court decision, In re Pladson, 154 B.R. 305 (N.D.Cal.1993), the trustee argues that there is no right to a homestead exemption when the trustee sells a homestead because the exemption only applies when there is *53 an execution sale outside of bankruptcy. See In re Herman, 120 B.R. 127 (9th Cir.BAP 1990); In re Weiman, 22 B.R. 49 (9th Cir.BAP 1982); In re Sanford, 8 B.R. 761 (N.D.Cal.1981).


Summary: 347 B.R. 394 (2006) In re 3DFX INTERACTIVE, INC., Debtor. On March 2, 2006, the court heard Trustee's motion to compel the production of documents based on various alleged waivers of the attorney-client privilege. I. BACKGROUND Debtor 3dfx and nVidia were competitors in the field of 3D graphics processor chips. In 1998 3dfx filed a patent infringement lawsuit against nVidia. In October 2000, 3dfx received a ruling adopting 3dfx's claimed construction of the patent and rejecting nVidia's construc......read more.


Summary: 205 B.R. 251 (1997) In re G. PAOLETTI, INC., Debtor. DIESEL PERFORMANCE, INC., etc., et al., Plaintiffs, v. G. PAOLETTI CO., INC., etc., et al., Defendants. He also seeks a summary adjudication that the City of Oakland ("Oakland"), the party that contracted with the Debtor to purchase the Oakland Trucks prior to the commencement of bankruptcy, does not own the Oakland Trucks and has waived any right to possession of the Oakland Trucks. Prior to that date, G. Paoletti Co., Inc. (the "Debtor") was......read more.


Summary: 193 B.R. 548 (1996) In re Vernon Floyd and Carol Grenier TURNER, Debtors. March 11, 1996. I. INTRODUCTION On January 22, 1996, a hearing was held on the United States Trustee's ("UST") motion for order to have Jim Snyder ("Snyder") show cause why (1) his fees should not be reviewed pursuant to 11 U.S.C. § 110(h)[1]; and (2) he should not be fined for violation of § 110(c). Vernon Floyd and Carol Grenier Turner ("Debtors") filed a voluntary Chapter 7 petition on May 22, 1995. At that time Debtors......read more.


Summary: 95 B.R. 154 (1988) In re Perry Richard PIERCE, individually and dba P.R.P. Construction, Debtor. Linda PIERCE, Plaintiff, v. Perry Richard PIERCE, Defendant. December 30, 1988. In October 1979, plaintiff and defendant executed a written agreement in contemplation of their divorce, providing, among other things, that they would share equally their children's college expenses (the "college expense agreement"). Plaintiff seeks a money judgment equal to half her expenditures to date for this child's......read more.


Summary: 296 B.R. 20 (2003) In re David B. BROWN, Debtor. Debtor David B. Brown has been paying $490.00 per month to the Trustee pursuant to his confirmed Chapter 13 plan since February, 2000.