Case law

Schulman v. California State Water Resources Control Board (In Re Lazar)

96 Daily Journal DAR 12633 · United States Bankruptcy Court, C.D. California · Sep 3, 1996

This procedure clearly qualifies as timely adjudication within the meaning of § 1334(e)(2). 2. … Hans clearly remains good law. B.

In Re Continental Coin Corp.

380 B.R. 1 · United States Bankruptcy Court, C.D. California · Dec 11, 2007

A THEORY OF TRUSTEE LIABILITY .4 II.CASELAW ON THE ISSUE OF IMMUNITY FOR TRUSTEES. • A. The Position of Trustee Qualifies for Immunity. • B. … The terms immunity, absolute immunity, qualified immunity, qualified judicial immunity, quasi-judicial immunity, derived immunity, and judicial immunity sure use interchangeably in this memorandum. 9 . Theresa J.

W.J.P. Properties v. Resolution Trust Corp. (In Re W.J.P. Properties)

149 B.R. 604 · United States Bankruptcy Court, C.D. California · Dec 18, 1992

FIRREA established administrative procedures for adjudicating claims asserted against RTC as receiver of a failed thrift institution. Circle Indus. v. City Fed. Sav. … Also, the Court stated that the specific preclusive language of FISA is not qualified or superseded by the general provisions governing bankruptcy proceedings. Id.

Federal National Mortgage Ass'n v. County of Orange (In Re County of Orange)

183 B.R. 609 · United States Bankruptcy Court, C.D. California · May 26, 1995

Sovereign immunity has been waived. The County contends that the doctrine of sovereign immunity prohibits FNMA from setting off. … doctrine of governmental immunity does not apply.”

Association of Retired Employees v. City of Stockton (In re City of Stockton)

478 B.R. 8 · United States Bankruptcy Court, E.D. California · Aug 6, 2012

Second, sovereign immunity is voluntarily abrogated to the extent provided in § 106. … VI Having established that there will be no TRO, no injunction, and no relief from the automatic stay, as well as having established that the claims-adjudication procedure within the collective chapter 9 case is adequate

In Re Rogers

222 B.R. 348 · United States Bankruptcy Court, S.D. California · Jun 18, 1998

Clearly, the annuity is not a self-employed retirement plan or a qualifying IRA under (a)(3). Nor is it a qualified profit-sharing plan under (a)(2). … Another hint lies in the hierarchy or priority of exemption established by the legislature.

In Re Rollins

175 B.R. 69 · United States Bankruptcy Court, E.D. California · Sep 6, 1994

Standing of the United States Trustee The United States Trustee is charged with establishing, maintaining, and supervising a panel of private trustees who are eligible to serve as chapter 7 trustees. 28 U.S.C. § 586 (a)(1 … If a trustee incurs a contract or tort liability to someone other than the debtor or a creditor of the estate, he is entitled to a qualified judicial immunity.

In Re Spencer

123 B.R. 858 · United States Bankruptcy Court, N.D. California · Jan 18, 1991

Clearly, the IRS could obtain the same information through some other, albeit more cumbersome, means. … The IRS has clearly established that there is a legitimate purpose for the investigation and that the information sought is relevant to that purpose.

In Re Lazar

207 B.R. 668 · United States Bankruptcy Court, C.D. California · Apr 1, 1997

Furthermore, Congress clearly decided which fines and penalties qualify as administrative expenses. Congress limited this category to fines arising from postpetition taxes. … In that case the district court reversed a bankruptcy court holding that some $560,000 in penalties assessed postpetition did not qualify as administrative expenses, because the stipulated facts failed to distinguish clearly

In Re Andreotti

16 B.R. 28 · United States Bankruptcy Court, E.D. California · Oct 23, 1981

The debtor, on the other hand, asserts that even if he had not qualified for these exemptions at the time of the filing of the involuntary petition, he had qualified for these exemptions on the date that relief was ordered … In this case, debtor was clearly head of a family before the separation agreement and his taking of a separate abode. But for the agreement and his physical absence, no other changes occurred.

In Re Pacific Rollforming, LLC

415 B.R. 750 · United States Bankruptcy Court, N.D. California · Sep 30, 2009

Dersovitz’s contention as to a December assignment clearly conflicts with his sworn Declaration filed May 15, 2009. … Even if Dersovitz were a qualified petitioner, the evidence established that abstention is appropriate in this case.

Gumport v. Interstate Commerce Commission (In re Transcon Lines)

178 B.R. 228 · United States Bankruptcy Court, C.D. California · Feb 1, 1995

may not so qualify. … It reasoned that this narrow reading of “organization” is more consistent with its previously announced principle that “waivers of sovereign immunity, as EAJA is, are to be construed narrowly and in favor of the sovereign

In re City of Stockton

526 B.R. 35 · United States Bankruptcy Court, E.D. California · Feb 27, 2015

The PERL § 20574 termination lien qualifies as a “statutory lien” under the Bankruptcy Code. … Sovereign immunity is abrogated with respect to § 545. 11 U.S.C. § 106 (a)(1).

In Re Pacific Gas & Electric Co.

273 B.R. 795 · United States Bankruptcy Court, N.D. California · Feb 7, 2002

Sovereign Immunity Implications 1. … The potential harm from antitrust violations, for example, might not be imminent and clearly identifiable, but the court does not believe Congress intended to eviscerate all *807 antitrust laws for debtors in bankruptcy (

Roberts v. Harris (In Re Harris)

101 B.R. 210 · United States Bankruptcy Court, E.D. California · May 31, 1989

California law has consistently and unequivocally recognized that although a trustor may create a valid trust naming himself as beneficiary, the assets in the trust are not immune from the claims of creditors. … The Harris' clearly qualify as "owners” under this section. 3 . § 704.710.

In Re Marshall

300 B.R. 507 · United States Bankruptcy Court, C.D. California · Oct 9, 2003

The 1800 Act specified ten qualifying acts of bankruptcy, which largely mirrored those in the English statutes. See 1800 Act, § 1. The 1841 Act reduced to five the qualifying acts of bankruptcy. See 1841 Act, § 1. … state sovereign immunity) and case law thereunder.

In Re McCullers

451 B.R. 498 · United States Bankruptcy Court, N.D. California · Jun 8, 2011

Read together, § 541(a) and (b) establish a fixed point in time at which parties and the bankruptcy court can evaluate what assets are included or excluded from property of the estate. … Section 541(a) clearly establishes this point as the commencement of the case.

In Re Mooney

248 B.R. 391 · United States Bankruptcy Court, C.D. California · May 10, 2000

The limitation on IRAs under CCP § 704.115 is clearly set forth in subdivision (e). … A 401(K) plan is an ERISA qualified plan established by an employer. 13 . See n. 9, supra.

In re CFB Liquidating Corp.

576 B.R. 610 · United States Bankruptcy Court, N.D. California · Aug 25, 2017

Maine: First, a party’s later position must be clearly inconsistent with its earlier position. … This is clearly an inconsistent position—and an inaccurate one—as it pertains to the coverage issues never having been raised- or considered here.

Williams v. United Investment Corp. (In Re Williams)

124 B.R. 311 · United States Bankruptcy Court, C.D. California · Feb 15, 1991

The test is not whether the Debtor qualifies as a BFP under Section 544 and 549, but rather whether the trustee does. … The requisite knowledge and intent may be difficult to establish in many cases.