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Khachikyan v. Hahn (In re Khachikyan)
Dismissal of case as 'substantial abuse' of Chapter 7 was erroneous absent nexus between credit card abuse and filing.
Bankruptcy Nov. 29, 2005
Beck v. Fort James Corp.
Company cannot sue liquidating trustee in foreign jurisdiction without leave of bankruptcy court.
Bankruptcy Nov. 21, 2005
Stine v. Diamond (In re Flynn)
Co-owner of real property sold in bankruptcy sale is entitled to share of sale proceeds.
Bankruptcy Nov. 11, 2005
Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Larson
Debt owed to law firm that arose before confirmation of reorganization plan is extinguished by payment provision in plan.
Bankruptcy Nov. 11, 2005
Roberts v. Erhard (In re Roberts)
Bankruptcy court may not deny discharge on basis of finding of careless and reckless failure to disclose.
Bankruptcy Nov. 9, 2005
Singer Asset Finance Co. v. Gallagher (In re Gallagher)
UCC provision does not apply to structured settlements arising out of tort or to structured settlements containing non-assignment clause.
Bankruptcy Oct. 17, 2005
Heath v. American Express Travel Related Services Co. (In re Heath)
Insufficiency of creditors' proof of claims against debtors was not basis to disallow claims under Bankruptcy Code.
Bankruptcy Oct. 17, 2005
Alcove Investment Inc. v. Conceicao (In re Conceicao)
Creditor's first judgment was inadequate to create lien when debtors' social security numbers were omitted from abstract.
Bankruptcy Oct. 10, 2005
Pilate v. Burrell (In re Burrell)
Issue of M.C. Hammer's contract with producer was moot by bankruptcy court's intervening decision.
Bankruptcy Oct. 5, 2005
AMB Property LP v. Official Creditors for the Estate of AB Liquidating Corp. (In re AB Liquidating Corp.)
Security deposit paid by bankrupt tenant must be deducted from landlord's capped claim rather than gross damages.
Bankruptcy Oct. 5, 2005
Scott v. U.S. Trustee (In re Doser)
Preparer of bankruptcy petition violated federal law by engaging in deceptive and unfair acts pertaining to clients.
Bankruptcy Sep. 27, 2005
Sasson v. Sokoloff (In re Sasson)
State court money judgment does not deprive bankruptcy court of jurisdiction to enter its own judgment.
Bankruptcy Sep. 14, 2005
Smyth v. City of Oakland (In re Brooks-Hamilton)
Attorney who presented frivolous arguments on behalf of bankruptcy debtor was properly sanctioned.
Bankruptcy Sep. 2, 2005
American Wagering Inc. v. Racusin (In re American Wagering Inc.)
Financial advisor's compensation in equity is subject to subordination where he reduced it to money judgment on eve of bankruptcy.
Bankruptcy Aug. 30, 2005
Cossu v. Jefferson Pilot Securities Corp. (In re Cossu)
Bankruptcy court will reconsider damages owed to investment firm by registered representative who deceived customers.
Bankruptcy Aug. 29, 2005
Snavely v. Miller (In re Miller)
Automatic stay enjoined bankruptcy court from entering award of attorney fees until after expiration or lifting of stay.
Bankruptcy Aug. 23, 2005
Donald v. Curry (In re Donald)
Transfer of bankruptcy case from California to Georgia based on debtor's domicile was valid.
Bankruptcy Aug. 16, 2005
Casey v. U.S. Bank National Assoc.
Bank cannot be liable for aiding depositor's breach of fiduciary duty absent actual knowledge of fraud.
Bankruptcy Aug. 9, 2005
Ehrenberg v. California State University, Fullerton Foundation (In re Beachport Entertainment)
Bankruptcy Appellate Panel's dismissal of trustee's appeal was inappropriately harsh sanction.
Bankruptcy Aug. 9, 2005
United States v. Fowler (In re Fowler)
Debtors' employment tax debt retains its administrative expense status upon conversion from Chapter 11 to Chapter 13 bankruptcy.
Bankruptcy Aug. 9, 2005
Sherwood Partners v. Lycos (In re: Sherwood)
California Civil Procedure Code Section 1800, which allows avoidance of preferential transfers, is preempted by Bankruptcy Code.
Bankruptcy Aug. 9, 2005
Jett v. Sicroff (In re Sicroff)
Because debtor's libelous statements constituted willful and malicious injury, resulting debt is not dischargeable.
Bankruptcy Jul. 26, 2005
Sunahara v. Burchard (In re Sunahara)
Chapter 13 debtor may pay off 36-month plan early even if unsecured creditors will not be paid in full.
Bankruptcy Jul. 15, 2005
Lone Star Security & Video Inc. v. Gurrola (In re Gurrola)
Debtor may rely on his bankruptcy discharge to defeat postpetition judgment rendered on prepetition debt.
Bankruptcy Jul. 15, 2005
Moncur v. Agricredit Acceptance Co. (In re Moncur)
Doctrines of claim and issue preclusion obviate need for repetitive nondischargeability actions.
Bankruptcy Jul. 5, 2005
Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may recover damages for emotional distress without needing to show violation of bankruptcy stay was egregious.
Bankruptcy Jun. 17, 2005
Movitz v. Baker (In re Triple Star Welding Inc.)
Attorney may not be entitled to fees when he failed to disclose several aspects of his pre-petition relationship to debtor.
Bankruptcy Jun. 15, 2005
Salomon North America v. Knupfer (In re Wind 'n Wave)
Attorney representing creditor in prosecution of involuntary petition is entitled to fees though creditor incurred no other actual expenses.
Bankruptcy Jun. 15, 2005
Simantob v. Claims Prosecutor LLC (In re Lahijani)
Sale of estate assets over objection of creditors must be 'fair and equitable.'
Bankruptcy Jun. 15, 2005
County of Ventura Tax Collector v. Brawders (In re Brawders)
Judgment awarding damages for violation of automatic stay based on erroneous interpretation of confirmed plan must be reconsidered.
Bankruptcy Jun. 7, 2005