Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-17240
|
Cassel v. Kolb (In re Kolb)
Despite disclaimer of interest, contingent interest which was declared on debtor's loan applications is asset of bankruptcy estate. |
Bankruptcy |
|
May 30, 2003 | |
01-16724
|
Einstein/Noah Bagel Corp. v. Smith (In re BCE West LP)
Sections 353(d)(3) and 503(b)(1)(A) of the Bankruptcy code do not entitle debtor lessors to priority. |
Bankruptcy |
|
May 29, 2003 | |
02-1168
|
Educational Credit Management Corp. v. Blair (In re Blair)
Bankruptcy court erred by granting partial discharge of debtor's student loans. |
Bankruptcy |
|
May 2, 2003 | |
02-1298
|
Mandalay Resort Group v. Miller (In re Miller)
Debt incurred by California resident while gambling in Las Vegas is enforceable under Nevada law. |
Bankruptcy |
|
Apr. 25, 2003 | |
02-1421
|
Goodwin v. Mickey Thompson Entertainment Group Inc. (In re Mickey Thompson Entertainment Group Inc.)
Compromise between bankruptcy estate and creditors was not in best interests of estate. |
Bankruptcy |
|
Apr. 25, 2003 | |
01-1418
|
Archer v. Warner
Plaintiffs' settlement agreement and release does not bar plaintiffs from showing that settlement debt arose from fraud and is nondischargeable in bankruptcy. |
Bankruptcy |
|
Apr. 9, 2003 | |
02-1234
|
T.C. Investors v. Joseph (In re M Capital Corp.)
Party that withdrew motion waived bankruptcy protection afforded to 'good faith' purchasers of assets. |
Bankruptcy |
|
Apr. 9, 2003 | |
G028817
|
Sindler v. Brennan
Court's dismissal of medical malpractice lawsuit while bankruptcy stay was in effect was void. |
Bankruptcy |
|
Apr. 1, 2003 | |
01-56319
|
Knupfer v. Lindblade (In re Dyer)
Punitive sanctions are not available to bankruptcy court under civil contempt authority of 11 U.S.C. Section 105(a) or court's inherent sanction authority. |
Bankruptcy |
|
Mar. 26, 2003 | |
01-55969
|
Kasdan, Simonds, McIntyre, Epstein & Martin v. World Savings & Loan Assn. (In re Emery)
Because debtors were not in default on home loan, creditor was not entitled to any settlement proceeds from underlying construction defect action. |
Bankruptcy |
|
Mar. 24, 2003 | |
00-56431
|
Gill v. Stern (In re Stern)
Debtor's transfer of individual retirement account funds into pension plan was not fraudulent conveyance and thus exempt from creditors. |
Bankruptcy |
|
Mar. 23, 2003 | |
00-57210
|
Platinum Capital, Inc. v. Sylmar Plaza (In re Sylmar Plaza)
Chapter 11 reorganization plan which enables debtor to avoid default penalties does not indicate plan was created without 'good faith.' |
Bankruptcy |
|
Mar. 21, 2003 | |
01-56735
|
Palm v. Cady (In re Cady)
Denial of automatic stay was proper where judgment of nondischargeability was recorded prior to property transfer. |
Bankruptcy |
|
Mar. 21, 2003 | |
01-55455
|
Ganis Credit Corp. v. Anderson (In re Jan Weilbert RV Inc.)
In bankruptcy proceedings, court cannot limit 'ordinary business terms' to 'average' transactions in industry. |
Bankruptcy |
|
Mar. 21, 2003 | |
02-1512
|
Stricka v. Casserino (In re Casserino)
In Oregon, Chapter 7 debtor is able to claim rent and deposit under homestead exemption. |
Bankruptcy |
|
Mar. 18, 2003 | |
01-1541
|
Hasso v. Mozsgai (In re La Sierra Financial Services Inc.)
Subsequent purchasers of real property have standing to appear in cases and seek relief from orders which affect their property interests. |
Bankruptcy |
|
Mar. 18, 2003 | |
02-1334
|
Redwood Theaters Inc. v. Davison (In re Davison)
Debtor who obtained judgment that debt was nondischargeable is not entitled to attorney fees. |
Bankruptcy |
|
Mar. 7, 2003 | |
00-56159
|
Thrifty Oil Co. v. Bank of America National Trust and Savings Assn.
Termination damages under interest rate swap agreement may be collected from debtor who filed for bankruptcy. |
Bankruptcy |
|
Mar. 6, 2003 | |
02-1020
|
Kipperman v. Proulx (In re Burns)
Order to Appear for Examination created lien on debtor's unpaid interest in settlement money. |
Bankruptcy |
|
Feb. 18, 2003 | |
01-56890
|
Foster v. Bradbury (In re Foster)
Interest on child support continues to accrue after parent files for bankruptcy and survives discharge of support obligation. |
Bankruptcy |
|
Feb. 17, 2003 | |
01-653
|
FCC v. NextWave Personal Communications Inc.
Bankruptcy Code prohibits FCC from revoking licenses held by debtor in bankruptcy. |
Bankruptcy |
|
Feb. 4, 2003 | |
02-1077
|
Tsurukawa v. Nikon Precision Inc. (Tsurukawa)
Spouse's fraud may be imputed to other spouse under agency principles when they are also business partners. |
Bankruptcy |
|
Jan. 28, 2003 | |
02-1079
|
Janas v. Marco Crane & Rigging Co. (In re JWJ Contracting Co. Inc.)
In Chapter 7 proceeding, avoidable preference is granted where dishonored check failed to qualify as contemporaneous exchange for new value. |
Bankruptcy |
|
Jan. 28, 2003 | |
02-1186
|
Pennsylvania Higher Education Assistance Agency v. Birrane (In re Birrane)
Debtor's student loan is not dischargeable in bankruptcy. |
Bankruptcy |
|
Jan. 22, 2003 | |
02-1201
|
Ruvacalba v. Munoz (In re Munoz)
Injured employee may obtain worker's compensation judgment against employer who receives bankuptcy discharge. |
Bankruptcy |
|
Jan. 22, 2003 | |
01-35819
|
In re: Bankruptcy Estate of MarkAir, Inc. (Barstow v. IRS)
In Chapter 11 bankruptcy proceeding, statutory tax lien does not include judicial lien securing underlying tax obligation. |
Bankruptcy |
|
Jan. 15, 2003 | |
01-56203
|
Eskanos & Adler PC v. Leetien
Collection agency was properly sanctioned for refusing to discontinue collection action in state court after debtor filed for bankruptcy. |
Bankruptcy |
|
Jan. 15, 2003 | |
00-56159
|
Thrifty Oil Co. v. Bank of America National Trust and Savings Assn.
Termination damages under interest rate swap agreement may be collected from debtor who filed for bankruptcy. |
Bankruptcy |
|
Jan. 15, 2003 | |
02-1314
|
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing. |
Bankruptcy |
|
Jan. 14, 2003 | |
02-1223
|
Garske v. Arcadia Financial Ltd. ( In re Garske)
Secured creditor may seek to collect payments by telephone from debtor who intends to retain property after debt is discharged in bankruptcy. |
Bankruptcy |
|
Jan. 14, 2003 |