In re Mason, Mason vs. Educational Credit Mgt. Group 03-6122

Discussion about the application of the Third Prong of the Brunner test after being directed by the Court of Appeals.

Date of the opinion: 9/9/2006

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Ditto v. McCurdy No. 02-16252

Janie Ditto won a judgment against her doctor, John McCurdy, for a botched surgery. McCurdy subsequently filed for bankruptcy, and received a discharge from the debt. Ditto lost her argument in the district court that the debt was non-dischargeable as a willful and malicious injury. The Ninth Circuit affirmed. The Ninth Circuit applied recent United States Supreme Court case law which interpreted the bankruptcy provision at issue to require an intent to cause injury.

Therefore even if Ditto had recovered under an intentional tort theory (Ditto argued that the doctor failed to give proper information prior to the surgery), the Ninth Circuit found that the medical malpractice judgment did not meet the willful and malicious definition in the bankruptcy code. AFFIRMED.

Date of decision: 12/14/07

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Hale v. US Trustee, No. 06-35349

In an appeal brought by an attorney, arising after a bankruptcy court found he failed to honor his legal and ethical obligations in assisting certain debtors' with their bankruptcy application, an order denying his request for a jury trial on the reasonableness of his attorney fees, disgorging him of his fees, and sanctioning him is affirmed where: 1) the Seventh Amendment does not include a right to a jury trial on the reasonableness of attorney fees in bankruptcy proceedings; and 2) the bankruptcy court did not abuse its discretion in disgorging him of his attorney's fees nor in sanctioning him.

Date of decision: 12/10/07

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In re Acaya Case No: 06-51741

The consumer protection purposes of ASFA suggest that ASFA’s definition of “cash price”
should not be incorporated into the California UCC for purposes of determining a purchase money security interest. Consequently, WFFA’s purchase money security interest does not include amounts used to pay the negative equity in a trade-in vehicle. Instead, the dual status rule provides an appropriate tool in determining the extent of WFFA’s purchase money security interest. For these reasons, the objection of WFFA to confirmation of the debtor’s plan is sustained. Acaya may file an amended plan consistent with this decision.

Date of decision: 5/18/05


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