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Commonwealth of Massachusetts v. First Alliance Mortgage Co. (In re First Alliance Mortgage Co.)
State may sue company for consumer protection violations despite bankruptcy filing.
Bankruptcy Jun. 13, 2001
In re Larson
Debtors who no longer farm full time can claim livestock and farm equipment as exempt property.
Bankruptcy Jun. 13, 2001
In re Consolidated Investment Services Inc.
Order
Bankruptcy Jun. 12, 2001
Slack v. Wilshire Insurance Co. (In re Slack)
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed.
Bankruptcy May 24, 2001
Great Lakes Higher Education Corporation v. Brown (In re Brown)
Bankruptcy court has equitable powers to partially discharge debtor's debt to the point that undue hardship no longer exists.
Bankruptcy May 24, 2001
Law Offices of Jonathan A. Stein v. Cadle Co.
Federal Priority Act applies when corporation fails to pay levy, and U.S. government has right to be paid first by judgment debtor.
Bankruptcy May 20, 2001
Predovich v. Staffer (In re Staffer)
Complaint to determine dischargeability of debt pursuant to Section 523(a)(3)(B) may be filed at any time.
Bankruptcy May 20, 2001
In re Akram
Unsecured claims may not be valued at zero for Chapter 13 filing following Chapter 7 discharge.
Bankruptcy May 15, 2001
Sanchez v. Gordon (In re Sanchez)
Debtor's attorney doesn't violate automatic stay by collecting fees that bankruptcy court later determines are excessive.
Bankruptcy May 11, 2001
Moldo v. Blethen (Blethen)
If no specific continuance date is set by end of meeting, meeting of creditors is deemed concluded on last scheduled day of meeting.
Bankruptcy May 11, 2001
Spacone v. Atwood (Atwood)
Retirement account that is valid spendthrift trust and that debtors did not have excessive control of is not property of estate.
Bankruptcy May 11, 2001
Mason v. Young (In re Young)
Bankruptcy court does not err in determining debtor converted from Chapter 7 to Chapter 13 bankruptcy in good faith.
Bankruptcy May 10, 2001
Petralia v. Jercich (In re. Jercich)
Debt arising from debtor's tortious conduct that gives rise to 'willful and malicious injury' is excepted from discharge.
Bankruptcy May 10, 2001
In re Kim
Debtor's retirement funds are exempt from bankruptcy estate because he was not eligible for retirement until after petition was filed.
Bankruptcy May 10, 2001
Krasnoff v. Marshack (General Carriers Corp.)
Bankruptcy court has no jurisdiction to hear abstention motion when no adversary proceedings were before it.
Bankruptcy May 10, 2001
Tobin v. Sans Souci Limited Partnership (In re Tobin)
President who had no knowledge of fraud of corporation is not precluded from seeking discharge of his debt through bankruptcy.
Bankruptcy May 10, 2001
Tsurukawa v. Nikon Precision Inc. (In re Tsurukawa, fdba High Innovation)
Martial union alone cannot serve as basis for imputing fraud from one spouse to other under bankruptcy code.
Bankruptcy May 10, 2001
First Card v. Hunt (In re Hunt)
Debtor did not act fraudulently absent proof that credit card debt was incurred in bad faith with intention of filing bankruptcy.
Bankruptcy May 10, 2001
Ganis Credit Corp. v. Anderson (In re Weilert)
Creditor is not entitled to preferential payment made outside 20-day time limit that is business industry standard.
Bankruptcy May 10, 2001
Crow Winthrop Development Limited Partnership v. Jamboree LLC (In Re Crow Winthrop Operating Partnership)
Contract provision that terminated parking privileges in event of facility's change of ownership is invalid anti-assignment clause.
Bankruptcy May 10, 2001
Crump v. United States (In re Crump)
There was sufficient notice of seizure and sale of debtor's property and delegating authority to conduct sale to private company is appropriate.
Bankruptcy May 10, 2001
In re Gomez
Non-attorney bankruptcy petition preparer violates 11 U.S.C. Section 110 by advertising legal services and engaging in unfair and deceptive acts.
Bankruptcy May 10, 2001
In re Spade
Bankruptcy court to abstain from hearing case when state court provides suitable alternate forum.
Bankruptcy May 10, 2001
McKowen v. United States (In re McKowen)
Debtor's obligation to IRS based on transferee liability under federal statute is non-tax debt and thus discharged through bankruptcy proceedings.
Bankruptcy May 10, 2001
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate.
Bankruptcy May 10, 2001
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code.
Bankruptcy May 10, 2001
Blyer v. Hemmeter (In re Hemmeter)
ERISA plan participants are fiduciaries and are subject to bankruptcy laws governing discharge of debt.
Bankruptcy May 9, 2001
Phoenix Inc. v. Nugent (In re Betacom of Phoenix Inc.)
Claim against bankruptcy estate is subordinated because it involves purchase and sale of securities.
Bankruptcy May 7, 2001
In re Storm Technology Inc.
No enforceable license exists where debtor declares bankruptcy before right of recapture takes effect.
Bankruptcy Apr. 27, 2001
Ashton v. Dollaga (In re Dollaga)
Debtor's attorney does not have standing to bring nondischargeability complaint under provision governing nonsupport divorce debt.
Bankruptcy Apr. 16, 2001