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North Slope Borough v. Barstow (In re MarkAir Inc.)
Holders of tax liens are entitled to share of proceeds from sale of real property owned by bankruptcy debtor.
Bankruptcy Jan. 14, 2003
Zimmer v. PSB Lending Corp. (In re Zimmer)
Court erred in holding wholly unsecured lien is protected by antimodification clause of 11 U.S.C. Section 1322(b)(2).
Bankruptcy Jan. 7, 2003
MicroAge Inc. v. Viewsonic Corp. (In re MicroAge Inc.)
Debtor may not use 11 U.S.C. Section 502(d) to defeat administrative claim already allowed.
Bankruptcy Dec. 27, 2002
Markus v. Gschwend (In re Markus)
Bankruptcy court's dismissal of creditor's adversary complaint was proper because complaint didn't relate back to creditor's earlier motion objecting to discharge.
Bankruptcy Dec. 25, 2002
Thiara v. Spycher Brothers (in re Thiara)
Bankruptcy court must determine conclusively that debtor's conversion of insurance proceeds was willful and malicious.
Bankruptcy Nov. 26, 2002
Leonard v. St. Rose Dominican Hospital (In re Majewski)
Bankruptcy Code's anti-discrimination policy does not apply to individuals who have yet to file for bankruptcy.
Bankruptcy Nov. 20, 2002
Smith v. Edwards & Hale Ltd. (In re Smith)
Awards of attorney fees, administrative fees and costs for services related to debtor's bankruptcy was not abuse of discretion.
Bankruptcy Nov. 12, 2002
Aerocon Engineering Inc. v. Silicon Valley Bank (In re Work Auxiliary Power Co.)
Bank has perfected security interest in debtors' unregistered copyrights under California law.
Bankruptcy Nov. 10, 2002
Culver v. Chiu (In re Chiu)
Debtor need not have interest in property at time debtor moves to avoid lien.
Bankruptcy Nov. 10, 2002
Abele v. Modern Financial Plans Services Inc. (In re Cohen)
Transfer of proceeds is voidable where finance company is initial transferee of cashier's check.
Bankruptcy Oct. 16, 2002
Hamada v. Far East National Bank (In re Hamada)
Bank has no right to subrogation because it was primarily liable for letters of credit issued on behalf of debtor.
Bankruptcy Oct. 10, 2002
Beaty v. Selinger (In re Beaty)
Doctrine of laches applies to nondischargeability complaints brought under 11 U.S.C. Section 523(a)(3)(B).
Bankruptcy Oct. 8, 2002
Staffer v. Predovich (In re Staffer)
Complaint asserting nondischargeability of debt may be filed at any time after bankruptcy proceeding was closed.
Bankruptcy Oct. 8, 2002
Profit v. Savage (In re Profit)
Modification to bankruptcy plan was invalid because it exceeded 60 months in duration.
Bankruptcy Oct. 8, 2002
Renwick v. Bennett (In re Bennett)
Settlement entered into after discharge does not qualify as reaffirmation agreement to pay discharged debt.
Bankruptcy Sep. 25, 2002
Wolfson v. Watts (In re Watts)
Judgment creditor is entitled to surplus equity that accrues in declared homestead after abstract of judgment is recorded.
Bankruptcy Sep. 25, 2002
U.S. v. Galletti (In re Galletti)
IRS may not collect debtor's tax deficiency without individualized assessments or judgments obtained within statutory period.
Bankruptcy Sep. 25, 2002
In re George (George v. City of Morro Bay)
Debtors failed to establish takings claim under 42 U.S.C. Section 1983.
Bankruptcy Sep. 25, 2002
Curry v. Castillo (In re Castillo)
Trustee enjoys immunity for scheduling and noticing bankruptcy confirmation hearing.
Bankruptcy Sep. 25, 2002
Steinacher v. Rojas (In re Steinacher)
Local bankruptcy rule, imposing general prepetition cure requirement, conflicts with Bankruptcy Code and is invalid.
Bankruptcy Sep. 24, 2002
The Alary Corp. v. Sims (In re Associated Vintage Group Inc.)
Confirmation of Chapter 11 liquidating plan does not prevent disbursing agent from objecting to creditor's security interest as avoidable preference.
Bankruptcy Sep. 24, 2002
Sticka v. Lambert (In re Lambert)
Tax relief check should be prorated according to petition date rather than paid to trustee based on tax year prior to bankruptcy.
Bankruptcy Sep. 22, 2002
Eskanos & Aldler v. Roman (In re Roman)
Five dollars debtor spent traveling to her attorney's office constitutes actual damages.
Bankruptcy Sep. 22, 2002
Lopez v. Specialty Restaurants Corp. (In re Lopez)
Bankruptcy court abused its discretion in failing to reopen case where debtor failed to list sexual harassment cause of action as asset.
Bankruptcy Sep. 22, 2002
Paine v. Griffin (In re Paine)
Final judgment of nondischargeability rendered by bankruptcy courts is preclusive in subsequent bankruptcy case.
Bankruptcy Sep. 22, 2002
Arneson v. Farmers Insurance Exchange (In re Arneson)
Party challenging judgment in underlying bankruptcy case that was eventually dismissed must seek to vacate judgment.
Bankruptcy Sep. 22, 2002
El Paso Properties Corp. v. Gonzales (In re Furr's Supermarkets Inc.)
Only prorated portion of lease obligation may be assessed against estate in bankruptcy case.
Bankruptcy Sep. 22, 2002
In re Pacific/West Communications Group, Inc. (Fifteenth RMA Partners, L.P. v. Pacific/West Communications Group, Inc.)
Former regulation precluding attachment of tort proceeds applies where attachment occurred prior to law's revision.
Bankruptcy Sep. 8, 2002
Carrillo v. Su (In re Su)
Tort judgment for negligence committed with 'malice' may be dischargeable in bankruptcy.
Bankruptcy Sep. 3, 2002
Official Committee of Unsecured Creditors v. Henry Mayo Newhall Memorial Hospital (In re Henry Mayo Newhall Memorial Hospital)
Bankruptcy court properly granted Chapter 11 debtor extension on periods of exclusivity under 11 U.S.C. Sections 1121(b) and (c).
Bankruptcy Sep. 2, 2002