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Su v. Carrillo ( In re Su)
Bankruptcy court, by applying incorrect legal standards to willful and malicious requirements of 11 U.S.C. Section 523(a)(6), errs in holding debt nondischargeable.
Bankruptcy Apr. 8, 2001
Mather v. BancFirst of Muskogee (In re Guthrie)
Transfers made during preference period are not in ordinary course of business where stipulated facts show that debtor engaged in unusual payment activity.
Bankruptcy Mar. 30, 2001
Rupp v. Christensen (In re Christensen)
Summary judgment is appropriate where not precluded by collateral estoppel.
Bankruptcy Mar. 30, 2001
South Willow Creek Garm v. South Willow Creek LLC (In re South Willow Creek Farm)
Before motion to reduce time for hearing to dismiss case may be granted, court must make specific findings based on facts in record.
Bankruptcy Mar. 30, 2001
Pratt v. Tower Day Surgery Center (In re Pratt)
Creditor's statutory liens are avaoidable where they were not entitled to file lien statement under state statute.
Bankruptcy Mar. 30, 2001
Adams v. Greenpoint Credit Corporation Inc. (In re Earls)
Under Oklahoma law, manufactured home is "vehicle" so that lien on home is perfected by having it noted on title to home.
Bankruptcy Mar. 29, 2001
Fossler v. Antonich (In re Antonich)
Creditor's motion to amend informal proof of claim is properly denied where previously filed objection to confirmation of debtor's plan did not meet standard for informal proof of claim.
Bankruptcy Mar. 29, 2001
Johnson v. Nelson (In re Johnson)
Deference must be given to bankruptcy court's approval of proposed settlement of state court litigation where there is no complete record.
Bankruptcy Mar. 29, 2001
Kopp v. Kopp (In re Kopexa Realty Venture Co.)
Right of sublessee to possession of premises, against original lessor, terminates with lease or term of original lease.
Bankruptcy Mar. 29, 2001
Bailey v. Hazen (In re Ogden)
When there is a debtor/creditor's motion to amend informal proof of claim is properly denied where previously filed objection to confirmation of debtor's plan did not meet standard for informal proof of claim and no timely claim was filed.
Bankruptcy Mar. 29, 2001
Groetken v. Davis (In re Davis)
Debt is nondischargeable under 11 U.S.C. Section 523(a)(2)(A) where debtor makes false representations to, and intends to deceive, creditor.
Bankruptcy Mar. 29, 2001
Adams v. Greenpoint Credit Corp. (In re Earls)
Under Oklahoma law, manufactured home is "vehicle" so that lien on home is perfected by having it noted on title to home.
Bankruptcy Mar. 29, 2001
Connolly v. Harris Trust Company of California (In re Miniscribe Corp.)
In determining trustee's fee under 11 U.S.C. Secti9on 326, settlement funds are considered part of estate where trustee disburses funds to parties in interest.
Bankruptcy Mar. 29, 2001
In re Mount Carbon Metropolitan District
In order for Chapter 9 plan to be feasible, it must addresses whether prepetition debts can be repaid and if future public services will be provided.
Bankruptcy Mar. 29, 2001
In re Recycling Industries Inc.
Court can award compensation that is less that amount requested where fee applicant does not sustain its burden of proof.
Bankruptcy Mar. 29, 2001
In re Albrecht
Law firm denied appointment cannot recover compensation for services it rendered prior to, and during time, that it application for employment was pending and later disallowed.
Bankruptcy Mar. 29, 2001
Gregory v. Zubrod (In re Gregory)
Security officer's practice weapon is not exempt as tool of trade where it was not used directly in performance of debtor's duties as security officer.
Bankruptcy Mar. 29, 2001
Kwiecinski v. Community First National Bank of Powell (In re Kwiecinski)
Debtors are entitled to homestead exemption where no one timely objects, regardless of whether there is good faith basis for claim.
Bankruptcy Mar. 29, 2001
Straight v. Wyoming Department of Transportation (In re Straight)
Where cases between parties did not established law of the case for damages suit, those cases are not binding on issues of waiver of constitutionality of Bankruptcy Code Section 106(a).
Bankruptcy Mar. 29, 2001
Bueno v. U.S. Bankruptcy Court (In re Bueno)
Bankruptcy judge does not abuse his discretion where the reduces attorneys fees in absence of any objection, since no objection is required for judge to act in reviewing requested fees.
Bankruptcy Mar. 29, 2001
In re Cohen
Chapter 7 bankruptcy case should be dismissed for substantial abuse where debtor has not met burden of proof by producing evidence of entitlement to relief sought.
Bankruptcy Mar. 29, 2001
Solar Systems and Peripherals Inc. v. Burress (In re Burress)
Judgment obtained in state court is nondischargeable under Bankruptcy Code Section 523(a)(6) where debtor's conduct was motivated by intent to injure his employer.
Bankruptcy Mar. 29, 2001
Hamblin v. Legacy Bank (In re Hamblin)
Mere incivility is not sanctionable conduct when it is not an indication of effort to abuse process of court, to cause unwarranted delay or to harass other side.
Bankruptcy Mar. 29, 2001
Raleigh v. Illinois Dept. of Revenue
Bankruptcy does not alter burden of proof on tax claim imposed by substantive law.
Bankruptcy Mar. 21, 2001
Siegfried v. Mangum
Order
Bankruptcy Mar. 21, 2001
Johnson v. People (In re Colorado Welding and Erectors)
Order
Bankruptcy Mar. 6, 2001
Smith v. Kennedy (In re Smith)
Creditors are not entitled to additional time to file objections based on indefinite continuance by bankruptcy trustee or conversion of case.
Bankruptcy Mar. 2, 2001
Turtle Rock Meadows Homeowners Association v. Slyman (In re Slyman)
In order to prove delinquent homeowners dues are nondischargeable debt homeowners association must demonstrate all elements of common law fraud.
Bankruptcy Mar. 1, 2001
Renfrow v. Draper
Court errs in denying attorney fees to spouse for expense of litigating issues regarding validity and amount of debts under state law.
Bankruptcy Feb. 1, 2001
Short v. Short (In re Short)
Debt incurred in connection with divorce is nondischargeable and may take into account income of live-in romantic companion.
Bankruptcy Feb. 1, 2001