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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
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
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
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
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
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
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
Sindler v. Brennan
Court's dismissal of medical malpractice lawsuit while bankruptcy stay was in effect was void.
Bankruptcy Apr. 1, 2003
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
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
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
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
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
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
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
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
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
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
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
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
FCC v. NextWave Personal Communications Inc.
Bankruptcy Code prohibits FCC from revoking licenses held by debtor in bankruptcy.
Bankruptcy Feb. 4, 2003
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
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
Pennsylvania Higher Education Assistance Agency v. Birrane (In re Birrane)
Debtor's student loan is not dischargeable in bankruptcy.
Bankruptcy Jan. 22, 2003
Ruvacalba v. Munoz (In re Munoz)
Injured employee may obtain worker's compensation judgment against employer who receives bankuptcy discharge.
Bankruptcy Jan. 22, 2003
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
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
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
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing.
Bankruptcy Jan. 14, 2003
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