In re Smith
Jul 08, 2010OUTCOME: Court of Appeals Affirmed Bankruptcy Court - debt limit exceeded.
Chapter 13 case where determination of second deed of trust as being wholly undersecured caused unsecured debt limit to be exceeded.
Louis Jay Esbin's Legal Cases (4)
Valencia, CA
Bankruptcy and debt Lawyer at Valencia, CA
Practice Areas: Bankruptcy & Debt, Chapter 11 Bankruptcy ... +3 more
In re Lasky
Feb 22, 2007OUTCOME: Claims Objection Sustained and Overruled - Bankruptcy Code Preempts Fair Debt Collections Practices Act
Bankruptcy Court sustained in part and overruled in part claims objections. Issues discussed were the interplay between the Bankruptcy Code and TILA statute FDCPA (Fair Debt Collections Practices Act) ... , where the court found the Bankruptcy Code was the exclusive remedy. Case arose in 2005 well before more recent case law in which lenders have been held to greater scrutiny of their documents and documentation in support of proofs of claims. Courts citing case discuss how there is no "bright line" of decisions on whether Bankruptcy Code excludes other federal statutes for debtor's remedies against creditors.
In re Guastella
Apr 11, 2006OUTCOME: Chapter 13 Case dismissed as filed in bad faith.
Representation of creditor. Bankruptcy court held, and Ninth Circuit Bankruptcy Appellate Panel affirmed, that tentative ruling by state court of liability and amount was sufficient to determine that ... unsecured debt was noncontingent, liquidated and matured. Unsecured jurisdiction for Chapter 13 exceeded. Debtor acted in bad faith by scheduling debt at $0.
In re Dynamic Brokers
May 19, 2003OUTCOME: Chapter 11 Plan confirmed
Frequently cited case for procedural reasons. Bankruptcy Court confirmed Chapter 11 Plan where usurious interest rate secured creditors were cram down to a lower interest rate - from 18% to 6% using pr ... ime plus 2% as basis for new interest rate - amortized over 20 years. Ninth Circuit BAP referred to Chapter 11 plan as a "gotcha plan," because no further proceedings, other than confirmation were used to establish rights of creditors under Plan. In the court's words: "Neither the statute nor the rules say, `oh, by the way, we can also sandbag you by sneaking an objection into a reorganization plan and hoping you do not realize that we can use this device to circumvent the claim objection procedure mandated by the rules.'" Id. at 497
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