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Hoopai v. Countrywide Home Loans Inc. (In re Hoopai)
Creditor who 'monitors' its own impediment to debtor's completion of sale is not prevailing party entitled to attorney fees.
Bankruptcy Apr. 18, 2007
Benz v. DTRIC Insurance Co. (In re Benz)
Insurance company's unwillingness to defend lawsuit is not per se violation of automatic stay.
Bankruptcy Apr. 18, 2007
New Falls Corporation v. Boyajian (In re Boyajian)
Creditor who obtained its interest by assignment need not establish its own reliance on debtor's fraudulent financial statement for debt to be nondischargable.
Bankruptcy Apr. 18, 2007
Lopez v. Emergency Service Restoration Inc. (In re Lopez)
Bankruptcy court errs in conflating 'Rooker-Feldman' doctrine with rules of preclusion.
Bankruptcy Apr. 18, 2007
Carnduff v. U.S. Dept. of Education (In re Carnduff)
Student loan debtors who are young, healthy and educated may not be granted full discharge of their debt.
Bankruptcy Apr. 18, 2007
Mendez v. Salven (In re Mendez)
Bankruptcy Court retains jurisdiction over Chapter 7 case where debtor waives strict compliance with 'credit counseling' requirement.
Bankruptcy Apr. 18, 2007
Wiersma v. Bank of the West
Bankruptcy Appellate Panel lacks jurisdiction over appeal from secured status order previously dismissed for debtor's failure to prosecute.
Bankruptcy Apr. 13, 2007
State Board of Equalization v. Leal (In re Leal)
Debtors, general partners in business, cannot use California Revenue and Taxation Code Section 6829 as shield from liability for unpaid business sales taxes.
Bankruptcy Apr. 5, 2007
Simpson v. Burkart (In re Simpson)
Debtor's annuity contract is not exempt as life insurance or as private retirement plan.
Bankruptcy Apr. 5, 2007
Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.
Where petitioner issued security bond for company that filed for bankruptcy, court erroneously disallows petitioner's claim for attorney fees.
Bankruptcy Mar. 23, 2007
Law Offices of David A. Boone v. Derham-Burk (In re Eliapo)
In Chapter 13 case, bankruptcy court's use of presumptive 'no-look' guideline fees was proper.
Bankruptcy Mar. 21, 2007
Credit Managers Association of California v. Countrywide Home Loans Inc.
Bankruptcy Code, 11 U.S.C. Section 547, does not pre-empt Code of Civil Procedure Section 1800 regarding recovery of preferences.
Bankruptcy Mar. 21, 2007
Taxel v. Chase Manhattan Bank (In re Deuel)
Trustee's statutory strong arm power cannot be defeated by constructive notice of unrecorded interest disclosed by documents accompanying debtor's bankruptcy petition.
Bankruptcy Mar. 14, 2007
Circle Star Center Associates v. Liberate Technologies
Party may recover attorney fees, incurred in obtaining dismissal of bankruptcy proceeding, in state court action following dismissal of bankruptcy proceeding.
Bankruptcy Mar. 7, 2007
Alonso v. Summerville (In re Summerville)
Confirmed Chapter 13 plan does not bar debtor from contesting obligation to pay creditor outside of plan.
Bankruptcy Mar. 7, 2007
Frankfort Digital Services Ltd. v. Kistler (In re Reynoso)
Seller of web-based software that prepares bankruptcy petitions may qualify as 'bankruptcy petition preparer' under 11 U.S.C. Section 110.
Bankruptcy Mar. 7, 2007
Kendall v. Lynch (In re Lynch)
Upon conversion, 'implicit valuation' of debtor's residence made in confirmation of Chapter 13 plan is not binding on Chapter 7 trustee.
Bankruptcy Mar. 2, 2007
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption.
Bankruptcy Feb. 27, 2007
Marrama v. Citizens Bank of Massachusetts
Where debtor acted in bad faith, he was not entitled to convert his Chapter 7 bankruptcy case to Chapter 13 case under 11 U.S.C. Section 706(a).
Bankruptcy Feb. 22, 2007
Kendall v. Lynch (In re Lynch)
Where Chapter 13 case is converted to Chapter 7, court improperly grants motion to compel abandonment of residence by trustee.
Bankruptcy Feb. 16, 2007
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption.
Bankruptcy Feb. 16, 2007
Beck v. Pace International Union
Merger into multiemployer plan is considered permissible means of terminating pension plan under ERISA.
Bankruptcy Jan. 29, 2007
Agarwal v. Pomona Valley Medical Group Inc. (In re Pomona Valley Medical Group Inc.)
Chapter 11 debtor's rejection of executory agreement does not automatically extinguish claimant's cause of action for retaliatory termination or unfair competition.
Bankruptcy Jan. 23, 2007
Cashco Financial Services v. McGee (In re McGee)
Bankruptcy court did not abuse its discretion in requiring proof of material facts and in refusing to enter default judgment.
Bankruptcy Jan. 12, 2007
Educational Credit Management Corp. v. McBurney (In re McBurney)
Consolidation loan made postpetition extinguished debtor's liability on prepetition student loans and is not subject to undue hardship attack.
Bankruptcy Jan. 5, 2007
Rabin v. Schoenmann (In re Rabin)
Trustee's objection to domestic partners' separate homestead exemption claims is proper where, as with married couples, they are entitled to one exemption.
Bankruptcy Jan. 5, 2007
Henry v. Lehman Commercial Paper Inc. (In re First Alliance Mortgage Co.)
Lender's aiding and abetting borrower's fraud is not 'gross and egregious' misconduct that would warrant equitable subrogation of lender's claims.
Bankruptcy Dec. 20, 2006
In re Lopez
Amendments to Bankruptcy Abuse Prevention and Consumer Protection Act did not preclude debtors from acting as disbursing agents under bankruptcy plan.
Bankruptcy Dec. 13, 2006
Barclay v. Swiss Finance Corp. Limited (In re Midland Euro Exchange Inc.)
Presumption against extraterritoriality bars application of 11 U.S.C. Section 548 to foreign transfer.
Bankruptcy Dec. 13, 2006
Racusin v. American Wagering Inc. (In re American Wagering Inc.)
Claim against debtor in form of money judgment is regarded as debt of creditor, not as suit by shareholder subject to subordination.
Bankruptcy Dec. 7, 2006