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United States v. Shaltry (In re Home America T.V.-Applicance Audio Inc.)
Trustee's tax-refund claim based on exercise of avoidance powers pursuant to bankruptcy statue is time-bared when statute of limitations not satisfied.
Bankruptcy Feb. 1, 2001
Graves v. Myrvang (In re Myrvang)
Debt owed to spouse under divorce decree may be subject to five-year payment plan and partially discharged in bankruptcy proceeding.
Bankruptcy Feb. 1, 2001
Hill v. Kresl (In re Gavend)
Order
Bankruptcy Jan. 30, 2001
Hassen Imports Partnership v. KWP Financial VI (Hassen)
Bankruptcy court erred in awarding creditor default interest when creditor did not demonstrate default rate was reasonable.
Bankruptcy Jan. 16, 2001
Berg v. Good Samaritan Hospital (In re Berg)
Attorney who files for bankruptcy is not permitted an automatic stay of court sanction for unprofessional conduct.
Bankruptcy Jan. 4, 2001
Alexander v. Compton In re: Raejean Bonham
Non-debtor corporations' assets can be consolidated with bankruptcy estate when assets are commingled and there is no distinction between debtor and entities.
Bankruptcy Jan. 3, 2001
Friedman Enterprises v. B.U.M. International Inc. (In re B.U.M. International Inc.)
Firm is not entitled to contingency fees when bankruptcy court reserves right to review services based on reasonableness and benefit to estate.
Bankruptcy Jan. 3, 2001
Prado v. Stearman (In Re Stearman)
No intent to deceive when debtor had good faith belief that she could repay debt and attempted to pay with inheritance.
Bankruptcy Jan. 2, 2001
Little v. Reaves (In re Reaves)
Debtor may seek exemption for vehicle after filing for bankruptcy even though exemption had been previously denied.
Bankruptcy Jan. 2, 2001
Empire Gas Corp. v. Goss (In re Chelf)
Order
Bankruptcy Dec. 28, 2000
Knupfer v. Wolfberg (In Re Wolfberg)
Debtors who already had Chapter 11 plan approved by court could not amend their plan later to add homestead exemption.
Bankruptcy Dec. 25, 2000
Ritter Ranch Development, L.L.C. v. City of Palmdale (In re. Ritter Ranch Development)
Bondholders are not creditors of developer within meaning of Bankruptcy Code Sections 101(5) and (10).
Bankruptcy Dec. 25, 2000
Gregory v. Zubrod (In re Gregory)
Order
Bankruptcy Dec. 20, 2000
Bassett v. American General Finance, Inc.
When creditor's reaffirmation agreement is invalid, debtor may enforce discharge injunction through civil contempt proceedings.
Bankruptcy Dec. 11, 2000
Torrez v. Dickinson (In re Dickinson)
Order
Bankruptcy Dec. 7, 2000
In re Albrecht
In bankruptcy, pre-approval of attorney fees are not retroactively warranted on equitable grounds.
Bankruptcy Dec. 7, 2000
Jacoway v. Wolfe (In re Jacoway)
Bankruptcy court errs in failing to consider whether debtor's Individual Retirement Account was designed and used principally for retirement purposes.
Bankruptcy Dec. 3, 2000
Stine v. Flynn (In re Stine)
Creditor in dischargeability action fails to establish award of attorney fees to debtor is unjust or not warranted by special circumstances.
Bankruptcy Nov. 15, 2000
Riggs v. Rosania (In re Miller)
Order
Bankruptcy Nov. 14, 2000
MBNA America v. Locke (In re Greene)
The Federal Rules of Bankruptcy Procedure do not and cannot extend 90 day preference period.
Bankruptcy Nov. 3, 2000
McIntyre v. United States (In re McIntyre)
Internal Revenue Service may levy ERISA-regulated pension benefits to satisfy husband's tax debt.
Bankruptcy Nov. 3, 2000
Lundell v. Anchor Construction Specialists (In Re Lundell)
Bankruptcy court properly allocated burden of proof of invalidity of claim on debtor by discounting his testimony.
Bankruptcy Nov. 3, 2000
Salisbury v. Mirage Resorts Inc. (In Re Mizuno)
Statute of limitations for bankruptcy proceeding does not run on date creditor is appointed as functional equivalent to debtor in possession.
Bankruptcy Nov. 3, 2000
Sims v. U.S. Dept. of Health and Human Services (In Re TLC Hospitals Inc.)
Prepayments made to Medicare health services provider before it files bankruptcy petition may be deducted from post-petition overpayments.
Bankruptcy Nov. 3, 2000
In re Fillbach
Court can dismiss petition filed in attempt to circumvent vexatious litigant order entered by bankruptcy court.
Bankruptcy Nov. 2, 2000
Poole v. Smith (In Re Poole)
Attorney admitted to practice in federal district court may not be denied fees for not being member of that state's bar.
Bankruptcy Nov. 2, 2000
Adams v. Anderson (In re Superior Stamp & Coin Co. Inc.)
Third party loan to debtor specified for repayment of particular debt doesn't fall outside scope of 'earmarking doctrine' because not paid directly to creditor.
Bankruptcy Nov. 2, 2000
Manchester v. Annis
Tax refund may not be exempted from bankruptcy estate because it is not earnings from personal services.
Bankruptcy Oct. 24, 2000
Polo Building Group Inc. v. Rakita (In re Shubov)
Sanctions award that is procedurally defective because it violates 'safe harbor' provision may be affirmed under different federal law.
Bankruptcy Oct. 22, 2000
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum.
Bankruptcy Oct. 5, 2000