Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-019
|
Schott v. WhHy Federal Credit Union (In re Schott)
Differences between reaffirmation agreement and original note do not render agreement ambiguous. |
Bankruptcy |
|
Aug. 28, 2002 | |
02-015
|
Beach v. Morris (In re Beach)
Debtors are required to provide copies of federal and state tax returns to Chapter 7 trustee. |
Bankruptcy |
|
Aug. 28, 2002 | |
02-002
|
Michaels v. Zubrod (In re Michaels)
Debtor is not entitled to exemption for cash-surrender value of life insurance policy under Wyoming law. |
Bankruptcy |
|
Aug. 27, 2002 | |
01-3129
|
Tuttle v. U.S. (In re Tuttle)
Debtor is liable for gap interest that accrued on prepetition tax debt. |
Bankruptcy |
|
Aug. 8, 2002 | |
01-1525
|
Williams v. Swenson (In re Williams)
Bankruptcy court correctly relied upon state court's ruling even though it was on appeal. |
Bankruptcy |
|
Aug. 5, 2002 | |
01-28602
|
U.S. Trustee v. Summerrain (In re Avery)
Bankruptcy petition preparer who failed to provide own name, address, signature and Social Security number on filings is subject to fines. |
Bankruptcy |
|
Jul. 29, 2002 | |
01-1627
|
Price v. U.S. Trustee (In re Price)
Dismissal of Chapter 7 case for substantial abuse was proper where debts were primarily consumer debts and debtor could fund Chapter 13 plan. |
Bankruptcy |
|
Jul. 22, 2002 | |
00-24095
|
In re Black
Pickup truck used by self-employed building contractor qualifies as exempt asset. |
Bankruptcy |
|
Jul. 17, 2002 | |
01-1566
|
Value T Sales Inc. v. Mitchell (In re Mitchell)
Avoidance provision of bankruptcy code doesn't except post-petition foreclosure sale to good faith purchaser from automatic stay. |
Bankruptcy |
|
Jul. 8, 2002 | |
02-11519
|
In re CCI Wireless LLC
Court doesn't require debtor's rent to be prorated for the month of February. |
Bankruptcy |
|
Jul. 3, 2002 | |
01-1423
|
Harris v. U.S. Trustee (In re Harris)
Federal trustee opposing bankruptcy relief failed to show debtors' expenses were unreasonable. |
Bankruptcy |
|
Jun. 23, 2002 | |
01-1207
|
Demos v. Brown (In re Graves)
Denial of post-hearing motion challenging permanent injunction is error because there was inadequate notice that injunction would be considered. |
Bankruptcy |
|
Jun. 23, 2002 | |
01-1048
|
Shook v. CBIC (In re Shook)
Debtors' objection to secured creditor's claim four and one-half years after plan confirmation and payment is barred by laches. |
Bankruptcy |
|
Jun. 16, 2002 | |
02-1124
|
In re Salter
Bankruptcy appellate panel is authorized to issue writs of mandamus. |
Bankruptcy |
|
Jun. 16, 2002 | |
01-1391
|
Hanf v. Summers (In re Summers)
Spouses' property held as joint tenants was not transmuted to community for purposes of determining debtor's estate. |
Bankruptcy |
|
Jun. 16, 2002 | |
01-0074
|
In re: the Certified Questions Requested by the U.S. Bankruptcy Court
Court determines effect of subordination agreement between first and third priority lienholders. |
Bankruptcy |
|
Jun. 6, 2002 | |
00-16280
|
Diamond v. Kolcum (In re Diamond)
State court judgment was entitled to preclusive effect in nondischargeability proceeding. |
Bankruptcy |
|
Jun. 4, 2002 | |
01-35001
|
American General Finance Inc. v. Bassett (In re Bassett)
Reaffirmation agreement with clear and conspicuous right-to-rescind provision is enforceable. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-35474
|
In re Stanton (Beeler v. Harrison Jewell)
New lien was not created where additional financing was provided after filing of Chapter 7 bankruptcy. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-56541
|
Onink v. Cardelucci (In re Cardelucci)
Post-petition interest of unsecured debt is calculated according to federal rather than state interest rate. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-1657
|
Com-1 Info Inc. v. Wolkowitz (In re Maximus Computers Inc.)
Statute requiring 'special litigation counsel' in bankruptcy proceeding is permissive. |
Bankruptcy |
|
Jun. 3, 2002 | |
01-1388
|
S & C Home Loans v. Farr (In re Farr)
Creditor's attempted lien upon nonexempt property was improperly 'avoided' by bankruptcy court. |
Bankruptcy |
|
Jun. 3, 2002 | |
99-56956
|
McGhan v. Rutz (In re McGhan )
State court lacks jurisdiction to determine whether creditor received adequate notice of discharge in bankruptcy proceeding. |
Bankruptcy |
|
May 13, 2002 | |
01-029
|
Carbaugh v. Carbaugh (In re Carbaugh)
Debtor's interest in ERISA-qualified plan is excluded from bankruptcy estate. |
Bankruptcy |
|
May 13, 2002 | |
01-1315
|
In re Aheong
In Chapter 13 proceeding, bankruptcy court's jurisdiction to issue Reopening Order and Order Annulling Stay was proper. |
Bankruptcy |
|
Apr. 29, 2002 | |
01-4085
|
Allen v. Geneva Steel Co. (Geneva Steel Co.)
Claim alleging fraud in retention of security is not a general unsecured claim. |
Bankruptcy |
|
Apr. 24, 2002 | |
01-037
|
Community First National Bank v. Kelaidis (In re Kelaidis)
Secured party is barred from recovering deficiency judgment because disposition of collateral was not completed in 'commercially reasonable manner.' |
Bankruptcy |
|
Apr. 22, 2002 | |
01-067
|
Anderson v. Baer (In re Anderson)
'Commences distribution' under 11 U.S.C. Section 726(a)(1) is date trustee's final report is approved by court, not date of filing report. |
Bankruptcy |
|
Apr. 17, 2002 | |
01-1417
|
State v. Harleston (In re Harleston)
California Board of Equalization waived its sovereign immunity by filing proof of claim and is subject to adversary proceeding. |
Bankruptcy |
|
Apr. 16, 2002 | |
99-16058
|
DeRoche v. Arizona Industrial Commission (In re DeRoche)
Employer's liability for worker's injury that occurred more than three years prior to bankruptcy petition is dischargeable. |
Bankruptcy |
|
Apr. 15, 2002 |