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Bankruptcy of Younie
State court default judgment for fraud precludes relitigation of dischargeability issues.
Bankruptcy Jun. 12, 1999
Bankruptcy of S.S. Retail Stores Corp.
Disqualification of attorney from representing debtor isn't attributable to his firm under Bankruptcy Code.
Bankruptcy Jun. 12, 1999
Bankruptcy of Rothery
Rule 12(b)(6) motion is treated as Rule 56 summary judgment motion on introduction of extrinsic evidence.
Bankruptcy Jun. 12, 1999
Bankruptcy of Mulvania
Debtor must have opportunity to conduct discovery regarding whether IRS sent him notice of assessment.
Bankruptcy Jun. 12, 1999
Bankruptcy of Padilla
Totality of circumstances supports finding Chapter 13 petition was filed in good faith
Bankruptcy Jun. 12, 1999
Bankruptcy of Rogstad
Creditor's failure to oppose cannot be sole basis to grant debtor's deficient summary judgment motion.
Bankruptcy Jun. 12, 1999
Bankruptcy of Virtual Vision Inc.
Creditor's own collapse is insufficient grounds for failing to comply with discovery request in bankruptcy proceeding.
Bankruptcy Jun. 12, 1999
Bankruptcy of Nauman
Debtors' Chapter 12 family farmer reorganization plan is feasible.
Bankruptcy Jun. 12, 1999
Bankruptcy of Padilla
Dismissal of Chapter 7 case based on lack of good faith is unwarranted.
Bankruptcy Jun. 10, 1999
Bankruptcy of Bammer
Compassion for insolvent parent is not 'just cause or excuse' to except fraud claim from nondischargeability.
Bankruptcy Jun. 10, 1999
Bankruptcy of Turley
Interpleaded funds are proceeds of 'certificated security' subject to lien of bank.
Bankruptcy Jun. 10, 1999
Bankruptcy of Wilbur
Debtor's payment entitlement under state's division of domestic partner's pension benefits isn't exempt as retirement plan.
Bankruptcy Jun. 10, 1999
Bankruptcy of Fernandez
Debtor's history of multiple filings precludes his entitlement to automatic stay for foreclosure sale.
Bankruptcy Jun. 9, 1999
Kawaauhau v. Geiger
Malpractice claim against physician is not nondischargeable as a "willful and malicious" injury.
Bankruptcy Jun. 8, 1999
Bankruptcy of Spenler
Bankruptcy court correctly grants extensions to allow filing of objection to exemption in proper form.
Bankruptcy Jun. 8, 1999
Bankruptcy of National Environmental Waste Corp.
Retroactive annulment of automatic stay is justified after debtor's reliance on contract termination in reorganization plan.
Bankruptcy Jun. 8, 1999
Bankruptcy of Adams
Requirement that bankruptcy petition preparer place social security number on bankruptcy documents isn't unconstitutional.
Bankruptcy Jun. 7, 1999
Bankruptcy of Marino
Res judicata bars previously dismissed, untimely nondischargeability complaint when case converted from Chapter 11 to 7.
Bankruptcy Jun. 7, 1999
Bankruptcy of Ground Systems Inc.
Plan provision can require that final decree entered only after all plan payments are made.
Bankruptcy Jun. 7, 1999
Bankruptcy of Universal Life Church Inc.
IRS can revoke religious-organization debtor's tax exempt status under exception to automatic stay.
Bankruptcy Jun. 7, 1999
Bankruptcy of Universal Life Church Inc.
IRS can revoke religious-organization debtor's tax exempt status under exception to automatic stay.
Bankruptcy Jun. 7, 1999
Bankruptcy of Pintlar Corp.
New rule of personal jurisdiction over foreign residents applies to pending action if 'just and practicable.'
Bankruptcy Jun. 7, 1999
Brooks v. United States
Bankruptcy trustee has no protected property or liberty interest in membership in Chapter 7 panel.
Bankruptcy Jun. 7, 1999
Bankruptcy of Video Depot Ltd.
Trustee can recover corporate debtor's prepetition payment by cashier's check to a controlling principal's creditor.
Bankruptcy Jun. 7, 1999
Bankruptcy of Bertain
No adversary proceeding dismissal if period for serving complaint is tolled and good cause exists.
Bankruptcy Jun. 7, 1999
Bankruptcy of Lee
Trust deed's inclusion of personal property collateral did not allow plan modification of secured claim.
Bankruptcy Jun. 7, 1999
Bankruptcy of Schmitt
Revocable trust is not estate property and missing trust documents don't preclude settlement approval.
Bankruptcy Jun. 7, 1999
Bankruptcy of Elias
No jurisdiction over bankruptcy attorney's employment and compensation issues after dismissal of case.
Bankruptcy Jun. 7, 1999
Kawaauhau v. Geiger
Malpractice claim against physician is not nondischargeable on the basis of 'willful and malicious' injury.
Bankruptcy Jun. 7, 1999
Bankruptcy of Watson
Self-employed and sole participant in retirement plan cannot exempt plan from estate assets.
Bankruptcy Jun. 7, 1999