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Name Category Published
Bankruptcy of Manriquez
Forbearance agreement may not be retroactively applied after seven years to recover student loan.
Bankruptcy Jun. 26, 1999
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable.
Bankruptcy Jun. 26, 1999
Bankruptcy of Leavitt
Express bad faith finding is not necessary if record supports dismissal of petition with prejudice.
Bankruptcy Jun. 25, 1999
Bankruptcy of Megafood Stores Inc.
Actual interest earned is awarded on prepetition state taxes in debtor's trust and not statutory rate.
Bankruptcy Jun. 25, 1999
Bankruptcy of Building Blocks Child Care Centers Inc.
A debtor must pay a former landlord to cure a prepetition default in order to assume the lease with a successor landlord.
Bankruptcy Jun. 25, 1999
Bankruptcy of Marino
The appeal of a bankruptcy courts order deprives the bankruptcy court of further jurisdiction until a mandate is received.
Bankruptcy Jun. 25, 1999
Bankruptcy of Hotel Sierra Vista Limited Partnership
Proof of secured creditor's interest in postpetition revenues requires pro rata allocation of hotel's operating expenses.
Bankruptcy Jun. 25, 1999
Bankruptcy of Markovich
Debtor doesn't have standing to seek revocation of his discharge.
Bankruptcy Jun. 25, 1999
Mayamex Inc. v. Martinez (In re: Martinez)
Creditor is not entitled to a default judgment on untimely complaint to except claim from discharge.
Bankruptcy Jun. 24, 1999
Walker v. Stanley
Ninth bankruptcy petition is dismissed with 180-day bar against refiling and 2-year bar on seeking discharge.
Bankruptcy Jun. 24, 1999
Bankruptcy of Mayton
Order requiring debtor to amend statement of intention regarding collateral serves no purpose.
Bankruptcy Jun. 23, 1999
Bankruptcy of Endy
Insufficient estate assets require prorating trustee's fees and Chapter 7 expenses, with priority over Chapter 11 expenses.
Bankruptcy Jun. 22, 1999
Bakersfield Westar Ambulance Inc. v. Community First Bank
Bank can acquire security interest in bankruptcy debtor's deposit account if underlying agreement describes collateral.
Bankruptcy Jun. 22, 1999
In re: Pedersen
Chapter 13 plan cannot be confirmed and attorney fees cannot be approved due to improper noitice and other errors.
Bankruptcy Jun. 21, 1999
Bankruptcy of Robert L. Helms Construction and Development Co. Inc.
Whether a real estate option agreement constitutes an executory contract is a question of fact.
Bankruptcy Jun. 21, 1999
Bankruptcy of Berg
Bona fide purchaser's statutory powers conferred on trustee don't trump IRS tax lien against debtor's property.
Bankruptcy Jun. 21, 1999
Bankruptcy of Gendreau
Qualified domestic relations order for paying pension plan funds to debtor's spouse isn't dischargeable debt.
Bankruptcy Jun. 21, 1999
Bankruptcy of Lawson
Subordination of deed of trust on debtor's property by parent supports inference debtor retained benefit in property.
Bankruptcy Jun. 21, 1999
Bankruptcy of Chang
Debts owed to health professional or guardian ad litem in child custody dispute are dischargeable.
Bankruptcy Jun. 20, 1999
Bankruptcy of Hilde
To defeat avoidance, judgment creditor needn't perfect lien created by serving debtor with examination order.
Bankruptcy Jun. 20, 1999
Bankruptcy of Wada
For dischargeability determination, proof of embezzlement does not require existence of fiduciary relationship.
Bankruptcy Jun. 20, 1999
Stevens v. Briles (In re: Briles)
A prepetition arbitration award supports nondischargeability for defalcation by a fiduciary by collateral estoppel.
Bankruptcy Jun. 18, 1999
Weinberger v. Croshier (In re: Croshier
A purported lien on prospective personal injury proceeds is invalid under California law.
Bankruptcy Jun. 18, 1999
Bankruptcy of Basham
Partial disgorgement of attorney fees is allowed after violations of bankruptcy code and rules.
Bankruptcy Jun. 18, 1999
Bankruptcy of Fraga
Corporation can be characterized as petition preparer even if attorney owns and operates corporation.
Bankruptcy Jun. 18, 1999
Bankruptcy of Auto Parts Club Inc.
Unsecured creditors' counsel should scale back services after decision to sell most of debtor's assets.
Bankruptcy Jun. 18, 1999
Bankruptcy of Cogar
Real property is not part of bankruptcy estate despite debtor's junior lien.
Bankruptcy Jun. 18, 1999
Bankruptcy of Turley
Proceeds from noncertified share in racing team are general intangibles and not subject to Article 8 security interest.
Bankruptcy Jun. 17, 1999
Bankruptcy of Jones
Guilty plea to concealing ability to pay taxes isn't same as falsifying or concealing assets.
Bankruptcy Jun. 17, 1999
Bankruptcy of Kim
Creditor fails to demonstrate valuation of debtor's whole business equaled creditor's property interest.
Bankruptcy Jun. 17, 1999