By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA) In Bobka v. Toyota Motor Credit Corporation (In re Bobka), 968 F.3d 946 (9th Cir. August, 2020), the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an "assumption agreement" which she signed and returned to Toyota the day before she received her discharge. By then she...
From the Editor – Discharge and Dischargeability
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By The Honorable William Houston Brown (Retired)
Landlords committed willful and malicious injury by eviction. After the state court announced oral ruling of judgment for tenant in forcible entry and detainer action, and landlords were in courtroom at ruling, the landlords committed willful and malicious injury to tenant when they proceeded with eviction. The state court had determined $104,000 damages, including tenant’s attorney fees. Brown v. Ausley (In re Ausley), ___ B.R. ___, 2014 WL 1044252 (Bankr. W.D. Tenn. March 18, 2014).
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The Honorable William Houston Brown retired in . . .
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