How Does Bankruptcy Affect State Court Litigation?

Useful Rulings on Bankruptcy’s Effect on State Law

Recent Rulings on Bankruptcy’s Effect on State Law

176-185 of 185 results

SANTA BARBARA BANK & TRUST COMPANY VS MELCHIORI CONSTRUCTION

However, “[t]he federal cases since the adoption of the federal rules are not helpful on the pleading questions in an action brought in a state court in California, because federal cases use ‘notice pleading,’ whereas California uses ‘fact pleading.’” (Diodes, Inc. v. Franzen (1968) 260 Cal.App.2d 244, 25.) A pleading must be determined to be sufficient or insufficient under California law. Under California law, two specific elements of an action for fraudulent transfer may be pleaded generally.

  • Hearing

    Jan 07, 2013

KAREN PELLETIER VS BANK OF AMERICA NA ET AL

It applies in a state court with respect to the judgment of a federal court. United States Fire Ins. Co. v. Johansen (1969) 270 Cal.App.2d 824, 834. It requires that three elements be met: (1) the issue decided in the prior adjudication must be identical with the issue raised in the present case; (2) there must have been a final judgment on the merits; and (3) the party against whom the plea is asserted must have been a party to the first case or have been in privity with the prior party. Bernhard v.

  • Hearing

    Oct 25, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

CARMEN MEZA VS WACHOVIA MORTGAGE CORPORATION ET AL

With respect to the federal cases cited, the issue is even farther removed from the present controversy because standing to bring suit in federal court is more limited than standing in state court. (See U.S. Const., art. III, § 2, cl. 1; e.g., In re Summers (1945) 325 U.S. 561, 566-567 [65 S.Ct. 1307, 89 L.Ed. 1795].) There are no allegations the Wells Fargo has, or intends, to bring a judicial action for foreclosure.

  • Hearing

    Oct 18, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

JM CONSTRUCTION INC ET AL VS HOLIDAY CARPET FLOOR ET AL

The action had been stayed due to the defendant’s pending bankruptcy. The trial court subsequently dismissed the action when it was reported that the bankruptcy court had removed the matter to federal court. When the federal court remanded the case to state court, the plaintiff moved to set aside the dismissal, but the motion was denied. On appeal, the court of appeal reversed, holding that the trial court had no power to dismiss the action in violation of the automatic stay.

  • Hearing

    Oct 17, 2012

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JOHN BEHRMANN ET AL VS RAO GARUDA ET AL

In September 2008, a Texas state court jury returned a $6.2 million verdict against NHF and in January 2009, NHF filed chapter 11 bankruptcy in the United States Bankruptcy Court for the Eastern District of Virginia. (4AC, ¶ 32.) In May-June 2009, NHF diverted approximately $650,000 of contributions from the Behrmanns towards the payment of the bank debt. (4AC, ¶ 34.) The Behrmanns filed claims in the bankruptcy proceedings as to this $650,000 diversion, and NHF objected to those claims. (4AC, ¶ 41.)

  • Hearing

    Feb 09, 2012

  • Judge

    Denise deBellefeuille

  • County

    Santa Barbara County, CA

CHICAGO TITLE COMPANY VS EDWARD KUNDA ET AL

Gerry on behalf of the Watsons was in direct violation of the stay order in the Kundas’ bankruptcy case (Case No. 9:10-bk-15284-RR). Mr. Ring advises that Mr. Gerry set the motion in state court, knowing that any actions against the Kundas were stayed by federal law. Mr. Gerry has not filed a response to Mr. Ring’s declaration. Ruling: Mr. Gerry cannot be found in contempt. No notice of stay was ever filed in this case. Also, if Mr.

  • Hearing

    Jan 31, 2012

FEDERAL INSURANCE COMPANY VS KOOSHAREM CORPORATION ET AL

That court determined that the owner had no incentive to litigate the issues because his interests were not the same as the corporation that was about to file bankruptcy. There is no evidence that Trishan or Kerry is insolvent or on the brink of bankruptcy.

  • Hearing

    Dec 14, 2011

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

BEACH WHITMAN COWDREY V. TUTERA GROUP ET AL.,

DENY the judgment on the pleadings a to the fourth cause of action for fraud as the evaluation of that tort is a state court matter and not an issue of compensation for services as described in Bankruptcy Code §327 et seq. GRANT the request for judicial notice as to the records from the bankruptcy court: the notice of filing and the two pleadings filed in the bankruptcy docket. Ev. Code §452(d).

  • Hearing

    Feb 09, 2011

DOUGLAS DENOCE VS. RONALD ALVIN NEFF, DDS

The Court finds no mention of state court proceedings in the Bankruptcy Court order dated December 17, 2010, or in the transcript of proceedings leading to that order. The Court intends to grant (i) the request to reopen discovery for the limited purpose of compelling Defendant Ronald Alvin Neff's deposition, (ii) the motion to compel Defendant's deposition, and (iii) the request for sanctions against Defendant's counsel of record in the amount of $1,600.00. (C.C.P. § 2025.450.)

  • Hearing

    Jan 19, 2011

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

AMERICAN INTERNATIONAL INSURANCE CO. VS. YOUR GLASS CONNECTION, INC

Given the two prior "extensions" by the trial court judge in New York now totalling six months, and given this Court's experience with mandatory federal bankruptcy stays (which do involve the state court litigants) lasting more than a decade, this Court does not have x-D's faith that INSCORP will "presumably" be ordered into litquidation on 2/23/10.

  • Hearing

    Jan 15, 2010

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