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County of Santa Cruz v. Cervantes (In re: Cervantes)
Absent parents' debt to county for prejudgment payments cannot be discharged in bankruptcy.
Bankruptcy Oct. 5, 2000
Omega Environmental Inc., v. Valley Bank NA (In re Omega Environmental Inc.)
Under the UCC, bank perfects its security interest in certificate of deposit by possession.
Bankruptcy Oct. 5, 2000
Cedic Development Co. v. Warnicke
Rates that do not take into account results obtained or risk of nonpayment warrant enhancement of lodestar to provide attorneys reasonable compensation.
Bankruptcy Oct. 5, 2000
Spirtos v. Moreno (In re Spirtos)
Creditor has 30 days after notice of termination of automatic stay in debtor's estate to renew judgment.
Bankruptcy Oct. 4, 2000
Smith v. Kennedy (In Re Smith)
Adjournment of creditors' hearing 'until further notice' does not conclude the hearing.
Bankruptcy Oct. 4, 2000
Kadjevich v. Kadjevich (In re Kadjevich)
Creditor's claim for attorney fees arising from prepetition fraud action against debtor is not given administrative-expense priority.
Bankruptcy Oct. 4, 2000
United States v. Hatton (In re Hatton)
Outstanding tax liability requiring tax return to be filed renders debt non-dischargeable.
Bankruptcy Oct. 4, 2000
Roosevelt v. Ray (In re Roosevelt)
Wife's interest in husband's legal education has no value when education was neither paid for with community funds nor increased husband's earning capacity.
Bankruptcy Oct. 4, 2000
Pletz v. United States (In re Pletz)
Debtor's interest in property held with nondebtor spouse as tenants by entirety must be valued to reflect concurrent interests of both spouses.
Bankruptcy Oct. 4, 2000
Dolven v. Bartleson (In re Bartleson)
Creditor of nondischargeable debt may exercise collection rights outside reorganization plan that does not expressly preclude such activity.
Bankruptcy Oct. 2, 2000
Vasquez v. Adair (In re Adair)
Absent request for further information by trustee, debtor does not have ongoing duty to update information in bankruptcy schedules.
Bankruptcy Oct. 2, 2000
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt.
Bankruptcy Oct. 2, 2000
Olson v. Derham-Burk (In re Olson)
Individual debtor may not amend bankruptcy petition under Chapter 13 to include joint petition from spouse.
Bankruptcy Oct. 2, 2000
Williamson v. Jones (In re Montgomery)
Order
Bankruptcy Sep. 20, 2000
Homestead Golf Club Inc. v. Pride Stables
Oral discussion does not lead to a binding contract when material terms are omitted.
Bankruptcy Sep. 20, 2000
Via Christi Regional Medical Center v. Englehart (In re Englehart)
Order
Bankruptcy Sep. 19, 2000
Plotner v. AT&T Corporation
Challenge to sale of property under bankruptcy reorganization plan fails under doctrine of res judicata.
Bankruptcy Sep. 19, 2000
Arnold v. Gill (In re Arnold)
Amendment to exemptions being considered in Chapter 7 action are not in bad faith or prejudicial merely because they are untimely.
Bankruptcy Sep. 11, 2000
Stoll v. Quintanar (In Re Stoll)
Individual beneficiaries of bankruptcy estate do not have standing to sue professionals employed by trustee.
Bankruptcy Sep. 11, 2000
Leibowitz v. County of Orange
Absent parent owing money to county for child support payments may not discharge such debt in bankruptcy.
Bankruptcy Aug. 31, 2000
Moen v. Hull (In re Hull)
Income of non-debtor spouse in community property state cannot be excluded from debtor spouse's Chapter 13 plan.
Bankruptcy Aug. 29, 2000
Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.)
Trustee has standing under 11 U.S.C. Section 307 to appeal bankruptcy judge's decision.
Bankruptcy Aug. 25, 2000
S.S. Retail Stores Corp. v. Ekstrom
Law firm not required to disgorge attorney fees and costs when its representation is approved by bankruptcy court.
Bankruptcy Aug. 24, 2000
Neary v. Padilla (In re Padilla)
Debtor's bad faith accumulation of consumer debt in anticipation of filing for bankruptcy does not constitute 'cause' for dismissal under Chapter 7.
Bankruptcy Aug. 21, 2000
Mednet v. Bergen Brunswig Drug Co.
Attorney compensation is reasonable in cases where services rendered are beneficial or necessary at time of provision.
Bankruptcy Aug. 15, 2000
Gefreh v. Schupper (In re Monument Gun Shop Inc.)
Order
Bankruptcy Aug. 15, 2000
Arab Money Fund v. Hashim (In re Hashim)
Absent grave procedural irregularities or fraud allegations, bankruptcy court must grant comity to foreign judgment.
Bankruptcy Aug. 5, 2000
Read v. Dunn (In re Read)
Order
Bankruptcy Aug. 2, 2000
Roussos v. Michaelides (In re Roussos)
Bankruptcy court properly applies collateral estoppel to determine that debt arising from judgment in trial court is nondischargeable.
Bankruptcy Jul. 31, 2000
Boggan v. Hoff Ford Inc. (In re Boggan)
Car dealership does not violate automatic stay when court allows it to assert lien rights in bankruptcy proceeding as if in possession of car.
Bankruptcy Jul. 31, 2000