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Name Category Published
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7. 		Bankruptcy Jan. 5, 2009
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. 		Bankruptcy Jan. 2, 2009
Cutter v. Seror (In re Cutter)
Court properly holds trust properties to be property of bankruptcy estate. 		Bankruptcy Dec. 17, 2008
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. 		Bankruptcy Dec. 16, 2008
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. 		Bankruptcy Dec. 11, 2008
Busseto Foods Inc. v. Laizure (In re Laizure)
Creditor maintains claim against debtor where trustee required creditor to return payment from debtor made within 90-day preference period. 		Bankruptcy Nov. 18, 2008
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. 		Bankruptcy Nov. 6, 2008
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. 		Bankruptcy Oct. 27, 2008
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. 		Bankruptcy Oct. 3, 2008
Rosson v. Fitzgerald (In re Rosson)
Bad-faith finding is proper where debtor defied bankruptcy court's order to deposit funds with Chapter 13 trustee. 		Bankruptcy Sep. 25, 2008
Barboza v. New Form Inc. (In re Barboza)
Bankruptcy court judgment against debtors is reversed where there is question of material fact as to whether copyright infringement was willful. 		Bankruptcy Sep. 24, 2008
Burkart v. Coleman (In re Tippett)
California's bona fide purchaser statute is not preempted by Bankruptcy Code where residence in bankruptcy estate is sold to good faith buyer. 		Bankruptcy Sep. 5, 2008
Federal Deposit Insurance Corp. v. Kipperman (In re Commercial Money Center Inc.)
Trustee may avoid transfer of debtor's property where investor did not perfect its security interests in lease payments and surety bonds. 		Bankruptcy Aug. 25, 2008
McDonald v. Checks-N-Advance Inc. (In re Ferrel)
Statutory damages are not available for violations of Truth in Lending Act's disclosure requirements. 		Bankruptcy Aug. 25, 2008
Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)
Debtor who fails to raise defense of settlement and release while appeal is pending forfeits that defense in later proceeding. 		Bankruptcy Aug. 22, 2008
Americredit Financial Services Inc. v. Penrod (In re Penrod)
Portion of creditor's collateral securing debtor's negative equity is not purchase money security interest under Bankruptcy Code's 'hanging paragraph.' 		Bankruptcy Aug. 22, 2008
Lockerby v. Sierra
In Chapter 7 bankruptcy case, tortious conduct is required to except intentional breach of contract from discharge. 		Bankruptcy Aug. 8, 2008
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. 		Bankruptcy Aug. 8, 2008
Educational Credit Management Corp. v. Coleman (In re Coleman)
Debtor seeking discharge of student loans may obtain undue hardship determination substantially in advance of completing Chapter 13 plan. 		Bankruptcy Aug. 4, 2008
Nelson v. George Wong Pension Trust (In re Nelson)
No automatic stay is in effect upon filing of third case by debtors whose two prior cases were dismissed within previous year. 		Bankruptcy Jul. 31, 2008
Clear Channel Outdoor Inc. v. Knupfer (In re PW LLC)
Secured creditor cannot credit bid its debt and purchase estate property, taking title free and clear of valid, non-consenting junior liens. 		Bankruptcy Jul. 28, 2008
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. 		Bankruptcy Jul. 7, 2008
USAA Federal Savings Bank v. Thacker (In re Taylor)
Bank fails to make timely filings to protect security interest under Bankruptcy Code Section 547. 		Bankruptcy Jul. 2, 2008
Central Valley AG Enterprises v. United States
District court is granted subject matter jurisdiction to review tax treatment where partnership items were never contested before Tax Court. 		Bankruptcy Jun. 30, 2008
Woods & Erickson v. Leonard (In re AVI Inc.)
Trustee may pursue action to recover from subsequent transferee even if initial transfer has not been avoided. 		Bankruptcy Jun. 26, 2008
Espinosa v. United Student Aid Funds Inc.
Under discharge order confirmed by bankruptcy court, defendant was free to collect its debt from plaintiff. 		Bankruptcy Jun. 25, 2008
Maney v. Kagenveama (In re Kagenveama)
Because debtor's projected disposable income was zero or less, applicable commitment period of five years did not apply. 		Bankruptcy Jun. 24, 2008
Ryan v. United States (In re Ryan)
Exception to discharge for restitution or criminal fine included in sentence on debtor's conviction of crime does not cover costs of prosecution. 		Bankruptcy Jun. 24, 2008
Florida Dept. of Revenue v. Piccadilly Cafeterias Inc.
Bankruptcy Code Section 1146(a) is deemed to afford stamp tax exemptions solely to transfers where Chapter 11 plan is already confirmed. 		Bankruptcy Jun. 17, 2008
Maney v. Kagenveama (In re Kagenveama)
Because debtor's projected disposable income was zero or less, applicable commitment period of five years did not apply. 		Bankruptcy Jun. 6, 2008
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