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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
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
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
Tuttle v. U.S. (In re Tuttle)
Debtor is liable for gap interest that accrued on prepetition tax debt.
Bankruptcy Aug. 8, 2002
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
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
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
In re Black
Pickup truck used by self-employed building contractor qualifies as exempt asset.
Bankruptcy Jul. 17, 2002
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
In re CCI Wireless LLC
Court doesn't require debtor's rent to be prorated for the month of February.
Bankruptcy Jul. 3, 2002
Harris v. U.S. Trustee (In re Harris)
Federal trustee opposing bankruptcy relief failed to show debtors' expenses were unreasonable.
Bankruptcy Jun. 23, 2002
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
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
In re Salter
Bankruptcy appellate panel is authorized to issue writs of mandamus.
Bankruptcy Jun. 16, 2002
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
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
Diamond v. Kolcum (In re Diamond)
State court judgment was entitled to preclusive effect in nondischargeability proceeding.
Bankruptcy Jun. 4, 2002
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
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
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
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
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
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
Carbaugh v. Carbaugh (In re Carbaugh)
Debtor's interest in ERISA-qualified plan is excluded from bankruptcy estate.
Bankruptcy May 13, 2002
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
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
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
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
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
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