Chapter 7 Bankruptcy – Notice of Discharge of Debtor

Useful Rulings on Chapter 7 Bankruptcy – Notice of Discharge of Debtor

Recent Rulings on Chapter 7 Bankruptcy – Notice of Discharge of Debtor

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

On July 9, 2020, the Chapter 7 Bankruptcy Trustee filed its “Statement Regarding Scope of Automatic Stay Arising from Nasrin Shakeri Nino’s Bankruptcy.” The filing of a bankruptcy proceeding operates as a stay of “the commencement or continuation . . . of a judicial . . . action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy] case.” (11 U.S.C. § 362(a)(1).)

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

On July 9, 2020, the Chapter 7 Bankruptcy Trustee filed its “Statement Regarding Scope of Automatic Stay Arising from Nasrin Shakeri Nino’s Bankruptcy.” The filing of a bankruptcy proceeding operates as a stay of “the commencement or continuation . . . of a judicial . . . action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy] case.” (11 U.S.C. § 362(a)(1).)

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

CORREA V. IL FORNAIO (AMERICA) CORPORATION

Monetary Sanctions 2 Plaintiff requests monetary sanctions of $3,147.50 against Defendant and its counsel. 3 Plaintiff seeks sanctions pursuant to Code of Civil Procedure section 2030.300, which states in 4 relevant part: 5 The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully 6 makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted

  • Hearing

    Jul 10, 2020

ANDREW M. EGBE VS SELECT PORTFOLIO SERVICING, INC., ET AL.

Plaintiff also alleges that the Property was “abandoned to him” following the discharge of his Chapter 7 bankruptcy action. (Compl. ¶ 110.) Plaintiff’s remaining causes of action closely relate to the aforementioned legal theories. In his third cause of action for quiet title, Plaintiff seeks quiet title to the Property based on the legal theories articulated ante.

  • Hearing

    Jul 10, 2020

ANDRANIK AVEDYAN VS ALIS AVEDYAN, AN INDIVIDUAL, ET AL.

The argument is that Kashishian had listed only $60,884.21 of debts he sought to discharge in his bankruptcy proceeding, and paid a sum in settlement in the bankruptcy to preserve the validity of the lien and discharge the other debts, and the Chapter 7 Trustee then recorded a substitution of trustee and full reconveyance of the Kashishian deed of trust. [UMF Nos. 17, 18, 19, and evidence cited].

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

MICHAEL KEITH WILLIAMS VS DRAKE BUCHANAN

Williams filed for chapter 7 bankruptcy on November 5, 2019. Civic RJN Ex. 1, p. 1. Williams’ claims against Civic’s foreclosure arose prior to his filing of bankruptcy and were identified in the bankruptcy schedules. Civic RJN Ex. 2, p.16. Williams’ cause of action is an asset of the bankruptcy estate and only the bankruptcy trustee has standing to prosecute the action. Williams provides evidence demonstrating that the bankruptcy proceeding was dismissed without discharge on March 17, 2020.

  • Hearing

    Jun 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DIRECT CAPITAL V. DANIEL COOPER

Although the declaration in support of the motion appears to justify entry of an order fixing recoverable post-judgment attorney fees incurred in collection efforts in the amount of $18,997.50, the court notes that while counsel draws the court’s attention to the judgment debtor’s Chapter 7 bankruptcy filing on February 28, 2019 (Exhibit 2.) and declares that it was dismissed, counsel has not attached any notification or order from the U.S.

  • Hearing

    Jun 15, 2020

FLEEMAN V. COUNTY OF EL DORADO

The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”

  • Hearing

    Jun 12, 2020

KELLOGG SQUARE LLC VS WARREN BUTLER

Defendant had filed a Chapter 7 bankruptcy petition on June 14, 2017. He received his discharge on December 11, 2017. The confession of judgment is for post-petition rent for the premises and is not subject to the discharge in bankruptcy. Defendant says he did not knowingly sign the declaration, even though he was represented by counsel. He also points out his attorney submitted a declaration stating that he understood the confession of judgment would not be executed if he moved out as agreed.

  • Hearing

    Mar 11, 2020

BLAIR V. COUNTY OF EL DORADO

Sanctions “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code of Civil Procedure, § 2033.290(d).)

  • Hearing

    Feb 28, 2020

MYRNA KAWAKITA VS GEORGE TASHJIAN MD ET AL

In that case, after his case was reopened, Chapter 7 debtor, a physician, filed a motion to enforce discharge injunction against putative creditors who had filed a prepetition state-court medical malpractice claim against debtor in connection with physician’s care of one of them during childbirth. The bankruptcy court granted the motion, holding that the discharge injunction prohibited the plaintiffs from continuing their action against debtor, even nominally.

  • Hearing

    Feb 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

JAMES SPARANO VS SPECIALIZED LOAN SERVICING LLC, A BUSINESS ENTITY ET AL.

In In re Nordlund, even though a bank noted in several letters mailed to a discharged Chapter 7 debtor that the mortgage debt was discharged and they were not personally liable, the bank was held in violation of the discharge injunction by mailing the debtor account statements and seemingly innocuous letters regarding homeowners' insurance and whether their property was vacant. See In re Nordlund, supra, at 519. Here, Plaintiff alleges that the Loan was discharged in his 2011 Chapter 7 bankruptcy.

  • Hearing

    Feb 18, 2020

OMOTOSHO VS. KINGSMEAD ASSET HOLDING TRUST

Plaintiffs filed for Chapter 7 bankruptcy on January 19, 2011. (RJN Exs. C, D.) They received a discharge on April 19, 2011. (Complaint at ¶ 12; RJN Ex. E.) Plaintiffs allege that the account secured by this Deed of Trust was discharged by the U.S. Bankruptcy Court in 2011. (Complaint at ¶ 12.) On September 14, 2017, the subject loan was assigned to Kingsmead and the assignment was recorded on September 21, 2017. (RJN Ex. F.) MTC recorded a Notice of Default against the Subject Property on April 6, 2018.

  • Hearing

    Feb 06, 2020

JAMES SPARANO VS SPECIALIZED LOAN SERVICING LLC, A BUSINESS ENTITY ET AL.

In In re Nordlund, even though a bank noted in several letters mailed to a discharged Chapter 7 debtor that the mortgage debt was discharged and they were not personally liable, the bank was held in violation of the discharge injunction by mailing the debtor account statements and seemingly innocuous letters regarding homeowners' insurance and whether their property was vacant. See In re Nordlund, supra, at 519. Here, Plaintiff alleges that the Loan was discharged in his 2011 Chapter 7 bankruptcy.

  • Hearing

    Feb 04, 2020

BRAMBERG VS WELLS FARGO BANK NA

Plaza Bank of Commerce (1995) 42 Cal.App.4th 1086, "the plaintiff had failed to list or identify lender liability claims, or to dispute the lender's secured and unsecured claims in a bankruptcy action that was commenced as a reorganization action under chapter 11 and then converted to a liquidation proceeding under chapter 7 before a reorganization plan was approved.

  • Hearing

    Jan 23, 2020

  • Type

    Real Property

  • Sub Type

    other

OG VIEWSITE INVESTMENTS LLC VS CONTRACTOR CREWS INC ET AL

The bankruptcy code provides that the court shall grant the debtor a discharge unless the debtor is not an individual. (11 U.S.C. § 727(a)(1).) As noted by Plaintiff, courts have held that corporations may not discharge their debts in chapter 7 proceedings. (see In re Tri-R Builders, Inc. (Bankr. N.D. Ind. 1986) 86 B.R. 138, 14, [due to debtor’s corporate status “it is not entitled to discharge under 11 U.S.C. § 727.”]; see also Matter of Springfield Const. Co. (Bankr. S.D.

  • Hearing

    Jan 21, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

EDDIE TURNER VS U S BANK NATIONAL ASSOCIATION ET AL

Exhibit 9: Voluntary Petition - Chapter 7 Bankruptcy, filed on May 4, 2009, in the U.S. Bankruptcy Court - Central District of California (Case No. 2:09-bk-20612-ER). 10. Exhibit 10: Corporation Assignment of Deed of Trust ($1,000,000 loan), recorded on April 1, 2010, as Document No. 20100442572. 11. Exhibit 11: Motion for Relief from the Automatic Stay, filed on April 21, 2010, in the U.S. Bankruptcy Court - Central District of California (Case No. 2:09-bk-20612-ER). 12.

  • Hearing

    Jan 07, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

EDDIE TURNER VS U S BANK NATIONAL ASSOCIATION ET AL

Exhibit 9: Voluntary Petition - Chapter 7 Bankruptcy, filed on May 4, 2009, in the U.S. Bankruptcy Court - Central District of California (Case No. 2:09-bk-20612-ER). 10. Exhibit 10: Corporation Assignment of Deed of Trust ($1,000,000 loan), recorded on April 1, 2010, as Document No. 20100442572. 11. Exhibit 11: Motion for Relief from the Automatic Stay, filed on April 21, 2010, in the U.S. Bankruptcy Court - Central District of California (Case No. 2:09-bk-20612-ER). 12.

  • Hearing

    Jan 07, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

IVAN RENE MOORE VS KIMBERLY MARTIN-BRAGG

Defendant’s Evidence Opposing Contempt Defendant declares that: (1) she filed for relief under Chapter 7 of the U.S. Bankruptcy Code on September 28, 2016 and she obtained a discharge of her debts on January 9, 2017 (Barbour Decl. at ¶ 10 and Exhibit 8); (2) the Ninth Circuit Court of Appeal ruled and affirmed the issuance of writs of execution by the U.S. District Court to Wells Fargo Bank, N.A.

  • Hearing

    Dec 27, 2019

CHOU V. NATIONSTAR MORTGAGE, INC.

The following facts are undisputed: on March 26, 2004 plaintiff obtained a $390,000 loan that was secured by the subject real property and evidenced by an adjustable rate promissory note and deed of trust; after plaintiff failed to cure his default in payments, a notice of default was recorded on March 7, 2008, reflecting that the loan was due for a November 1, 2007 payment; plaintiff filed for bankruptcy protection on September 3, 20112, which was converted to a Chapter 7 proceeding and plaintiff obtained a

  • Hearing

    Dec 20, 2019

OG VIEWSITE INVESTMENTS LLC VS CONTRACTOR CREWS INC ET AL

The bankruptcy code provides that the court shall grant the debtor a discharge unless the debtor is not an individual. (11 U.S.C. § 727(a)(1).) As noted by Plaintiff, courts have held that corporations may not discharge their debts in chapter 7 proceedings. (see In re Tri-R Builders, Inc. (Bankr. N.D. Ind. 1986) 86 B.R. 138, 14, [due to debtor’s corporate status “it is not entitled to discharge under 11 U.S.C. § 727.”]; see also Matter of Springfield Const. Co. (Bankr. S.D.

  • Hearing

    Dec 18, 2019

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

CLAIRE LEVINE VS SYLVESTER STEWART, ET AL.

“Under federal decisional authority, a chapter 7 debtor may not prosecute on his or her own a cause of action belonging to the bankruptcy estate unless the claim has been abandoned by the trustee.” (Bostanian v. Liberty Savings Bank (1997) 52 Cal.App.4th 1075, 1081.) Plaintiff filed her FAC on July 10, 2019, which is after the bankruptcy trustee filed the Notice of Chapter 7 Trustee’s Intention to Abandon Interest in Litigation. (See 07/10/19 FAC; RFJN No. 6.)

  • Hearing

    Nov 08, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NATIONAL COMMERCIAL RECOVERY, INC. VS JOSE REYES

In Reply, Judgement Creditor argues that it’s Judgment Lien was secured against the Judgement Debtor’s real property prior to his Chapter 7 Bankruptcy, and was not avoided by the Bankruptcy Court.

  • Hearing

    Oct 24, 2019

  • Type

    Collections

  • Sub Type

    Promisory Note

JAMES SPARANO VS SPECIALIZED LOAN SERVICING LLC, A BUSINESS ENTITY ET AL.

[Citations] A defaulting debtor can protect himself from personal liability by obtaining a discharge in a Chapter 7 liquidation. See 11 U.S.C. § 727. However, such a discharge extinguishes only “the personal liability of the debtor.” 11 U.S.C. § 524(a)(1). Codifying the rule of Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886), the Code provides that a creditor's right to foreclose on the mortgage survives or passes through the bankruptcy. See 11 U.S.C. § 522(c)(2); Owen v.

  • Hearing

    Oct 18, 2019

WILLIAM DULANY HILL VS NEWREZ LLC DBA SHELLPOINT MORTGAG SERVICING, ET AL.

Plaintiff received a discharge in the first bankruptcy in January 2019. Plaintiff is barred from asserting the claims in the FAC because the claims belong to the Ch. 7 trustee and he failed to disclose them in his bankruptcy schedules. “[A] chapter 7 debtor may not prosecute on his or her own a cause of action belonging to the bankruptcy estate unless the claim has been abandoned by the trustee.” Bostanian v. Liberty Savings Bank, F.S.B. (1997) 52 Cal. App. 4th 1075, 1081.

  • Hearing

    Sep 24, 2019

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

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