Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00-57110
|
Little v. Reaves (In re Reaves)
Denial of exemption in state court does not prevent debtor from seeking exemption in bankruptcy court. |
Bankruptcy |
|
Apr. 15, 2002 | |
01-22379
|
In re Hanson
Debtor's aggregate unsecured debt exceeds statutory limitations and is ineligible for Chapter 13 relief. |
Bankruptcy |
|
Apr. 12, 2002 | |
01-1345
|
Ho v. Dowell (In re Ho)
Debtor's unsecured liquidated debts do not exceed statutory limit. |
Bankruptcy |
|
Apr. 8, 2002 | |
01-1500
|
Villanueva v. Dowell (In re Villanueva)
Proposal for 36-month plan, where debtor had initially proposed 60 months, does not violate good faith requirement. |
Bankruptcy |
|
Apr. 8, 2002 | |
01-1178
|
Bankruptcy Receivables Management v. Lopez (In re Lopez)
Post-discharge agreement to pay for debt is unenforceable because it was not approved by court. |
Bankruptcy |
|
Apr. 8, 2002 | |
01-25624
|
Bank One Colorado, N.A. v. Steffens (In re Steffens)
Secured creditor is entitled to relief from stay when debtor had little equity in property that was unnecessary for reorganization. |
Bankruptcy |
|
Apr. 8, 2002 | |
00-70998
|
Catalano v. IRS
Order granting relief from automatic stay does not constitute 'de facto' abandonment of property under bankruptcy law. |
Bankruptcy |
|
Apr. 5, 2002 | |
01-1106
|
Yadidi v. Herzlich (In re Yadidi)
Denial of discharge under 11 U.S.C. Section 105 is erroneous and Federal Rule of Civil Procedure 15(b) applies to fill gaps in complaint. |
Bankruptcy |
|
Apr. 1, 2002 | |
00-16916
|
Poonja v. Alleghany Properties (In re Los Gatos Lodge Inc.)
Bankruptcy trustee cannot surcharge creditor for expenses when secured claim is disallowed. |
Bankruptcy |
|
Mar. 25, 2002 | |
00-1567
|
Young v. United States
Bankruptcy Code's 'lookback' period is tolled during pendency of prior bankruptcy petition. |
Bankruptcy |
|
Mar. 13, 2002 | |
01-19329
|
In re Fager
Negligence claim for property damage is not exemption under bankruptcy statute. |
Bankruptcy |
|
Mar. 13, 2002 | |
01-1349
|
Golden v. Chicago Title Insurance Co. (In re Choo)
Trustee may not surcharge sale of property that did not benefit secured creditor. |
Bankruptcy |
|
Mar. 11, 2002 | |
B146180
|
Ross v. Universal Studios Credit Union
Malicious prosecution action filed in state court for events taking place within bankruptcy court proceedings are pre-empted by federal law. |
Bankruptcy |
|
Mar. 8, 2002 | |
00-17036
|
Walls v. Wells Fargo Bank
Chapter 7 debtor has no private right of action against creditor who violates discharge injunction. |
Bankruptcy |
|
Feb. 22, 2002 | |
01-1121
|
Morgan-Busby v. Gladstone
Granting injunction preventing defendants from transferring stock and interfering with trustee's investigation, even though trustee failed to timely object, was proper. |
Bankruptcy |
|
Feb. 21, 2002 | |
00-1630
|
In re Etalco (Etalco v. AMK Industries, Inc.)
Claim for breach of postpetition contract improperly filed in Washington due to lack of 'minimum contacts'. |
Bankruptcy |
|
Feb. 19, 2002 | |
01-16366
|
In re Murphy
Chapter 7 trustee is not entitled to fees in converted Chapter 13 case. |
Bankruptcy |
|
Feb. 5, 2002 | |
99-16058
|
DeRoche v. Arizona Industrial Welfare Commission (In re DeRoche)
Date of worker's injury determines whether employer's liability for not carrying workers' compensation insurance is discharged in bankruptcy. |
Bankruptcy |
|
Jan. 23, 2002 | |
00-15361
|
Circle K Corp. v. Houlihan et al. (In re Circle K Corp.)
Attorneys hired for bankruptcy case must indicate on retention application that fees will be pre-approved. |
Bankruptcy |
|
Jan. 22, 2002 | |
00-35528
|
Allen v. Allen
Automatic stay from Chapter 13 filing is proper to ensure commencement or continuance of action arising from spousal support obligation. |
Bankruptcy |
|
Jan. 21, 2002 | |
00-57056
|
In re Aipung Huang
Settlememt agreement's failure to mention fraud defeats collateral estoppel claim to prevent dischargeability. |
Bankruptcy |
|
Jan. 21, 2002 | |
01-032
|
Midkiff v. Dunivent (In re Midkiff)
Trustee is entitled to collect and disburse Debtors' 2000 tax refund. |
Bankruptcy |
|
Jan. 15, 2002 | |
01-030
|
Cobb v. Lewis (In re Lewis)
Bankruptcy court erred when it found that it was collaterally estopped by state bar proceeding from reconsidering attorney's misrepresentation. |
Bankruptcy |
|
Jan. 15, 2002 | |
00-1381
|
Hill v. Kinzler
Court did not determine if creditors are similarly situated and erred in employing the tracing fiction of lowest intermediate balance rule. |
Bankruptcy |
|
Jan. 9, 2002 | |
01-042
|
Zubrod v. Duncan (In re Duncan)
Trustee is required to turn over $10,000 to debtor under homestead exemption despite fraudulent property transfer judgment. |
Bankruptcy |
|
Jan. 9, 2002 | |
01-13050
|
Baroway & Dawson v. Euell (In re Euell)
Third party law firm seeking legal fees as nondischargeable debt does not have standing to assert claim. |
Bankruptcy |
|
Jan. 9, 2002 | |
01-1069
|
Labib-Kiyarash v. McDonald (In re Labib-Kiyarash)
Bankruptcy court errs in holding that plan unfairly discriminated against other unsecured creditors without first applying applicable test to determine unfair discrimination. |
Bankruptcy |
|
Jan. 7, 2002 | |
01-1059
|
Stephens v. Bigelow (In re Bigelow)
Default judgment does not support 'actually litigated' requirement to apply issue preclusion. |
Bankruptcy |
|
Jan. 7, 2002 | |
01-1240
|
Aetna U.S. Healthcare Inc. v. Madigan (In re Madigan)
Debtor's right to postpetition disability benefits didn't arise from same transaction as first disability claim, thus recoupment wasn't available to creditor. |
Bankruptcy |
|
Jan. 7, 2002 | |
00-35075
|
In re Schmitz (Sliney v. Battley)
Fisherman's quota certificates are not part of bankruptcy estate since regulations authorizing certificates were not passed on the day of filing. |
Bankruptcy |
|
Jan. 7, 2002 |