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Sherman v. SEC
Settlement agreement between debtor and receiver did not distinguish interest SEC had in debtors' bankruptcy petition.
Bankruptcy Jun. 13, 2006
Sea Hawk Seafoods Inc. v. State of Alaska (In re Valdez Fisheries Development Association Inc.)
Bankruptcy court did not have jurisdiction over adversary proceeding between two creditors brought after dismissal of underlying bankruptcy case.
Bankruptcy Jun. 6, 2006
Nelson v. Meyer (In re Nelson)
Bankruptcy court abused its discretion when it failed to afford debtor opportunity to propose modified plan following denial of plan confirmation.
Bankruptcy Jun. 2, 2006
Guastella v. Hampton (In re Guastella)
In determining debtor's schedules were not prepared in good faith, bankruptcy court properly looked to state court record.
Bankruptcy Apr. 26, 2006
Gaughan v. Smith (In re Smith)
Proceeds from sale of Arizona debtors' home lost exempt status when debtors failed to reinvest proceeds in another homestead within 18 months.
Bankruptcy Apr. 26, 2006
Khaligh v. Hadaegh (In re Khaligh)
In bankruptcy case, arbitration satisfied elements of adjudicatory procedure, and confirmed award qualifies for issue preclusion.
Bankruptcy Apr. 9, 2006
DeRoche v. Arizona Industrial Commission (In re DeRoche)
Attorney fees for litigating federal bankruptcy issues are not available to Chapter 7 debtors.
Bankruptcy Apr. 7, 2006
Wilson v. Arkison (In re Wilson)
Debtor was not entitled to Washington's homestead exemption when final divorce decree divested debtor of ownership interest in home.
Bankruptcy Apr. 6, 2006
Rus, Miliband & Smith APC v. Yoo (In re Dick Cepek Inc.)
Debtor's counsel was not required to disgorge fees drawn from prepetition retainer for purpose of equalizing distributions to all administrative claimants.
Bankruptcy Apr. 6, 2006
Tippett v. Irwin Mortgage Co. (In re Tippett)
Fraudulent transfer of real property to bona fide purchaser, where debtors hold record title, is not void simply because it is unauthorized.
Bankruptcy Apr. 3, 2006
Burnett v. Resurgent Capital Services (In re Burnett)
Court could not reach merits of bankruptcy claim because debtors waived all issues raised on appeal.
Bankruptcy Mar. 20, 2006
Ozenne v. Bendon (In re Ozenne)
Filing petition for bankruptcy relief automatically stays enforcement of lien against debtor's property.
Bankruptcy Mar. 12, 2006
Yarnall v. Four Aces Emporium Inc. (In re Boganski)
Creditor failed to establish that incorrect finance charge was bona fide error.
Bankruptcy Feb. 27, 2006
Salazar v. McDonald (In re Salazar)
As used in 11 U.S.C. Section 507(a)(6), 'deposit' may include advance handing over of full payment for consumer goods or services.
Bankruptcy Feb. 14, 2006
Miles v. Okun (In re Miles)
Bankruptcy court properly dismissed appellants' complaints because they lacked standing to seek damages under 11 U.S.C. Section 303(i).
Bankruptcy Feb. 14, 2006
Welther v. Donell (In re Oakmore Ranch Management)
Remand is unnecessary where appellant didn't include tentative ruling in record but other evidence established finding appellant was beneficial owner of trust.
Bankruptcy Feb. 9, 2006
Moldo v. Ash (In re Thomas)
During review, Bankruptcy Appellate Panel erroneously excluded relevant findings relating to bankruptcy court's judgment.
Bankruptcy Feb. 3, 2006
Weinstein, Eisen & Weiss LLP v. Gill (In re Cooper Commons LLC)
Lender of bankrupt debtor can specify that post-petition loans it makes may be used only for certain purposes.
Bankruptcy Feb. 2, 2006
Sallie Mae Servicing Corp. v. Ransom
Accrued, unpaid interest on student loans was not discharged on completion of Chapter 13 plan.
Bankruptcy Feb. 2, 2006
Rains v. Flinn (In re Rains)
Debtor placed retirement plan funds in bankruptcy estate by agreeing in settlement to allow denial of exemption claim to those funds.
Bankruptcy Jan. 18, 2006
Lee v. TCAST Communications Inc. (In re Lee)
In bankruptcy case, court properly granted summary judgment because doctrine of full faith and credit applied.
Bankruptcy Jan. 13, 2006
Campbell v. Verizon Wireless S-CA (In re Campbell)
Where debtors have not shown actual disagreement as to their liability or amounts claimed by creditors, objections are inadequate to disallow claims.
Bankruptcy Jan. 12, 2006
American Express Travel Related Services Co. Inc. v. Vinhnee (In re Vinhnee)
Court's refusal to admit creditor's electronic business records in absence of proper authentication was appropriate.
Bankruptcy Jan. 12, 2006
Pluma v. Tax Collector for the County of San Diego
Judgment of Bankruptcy Appellate Panel, reversing bankruptcy court's decision, is upheld.
Bankruptcy Jan. 5, 2006
Weinstein, Eisen & Weiss LLP v. Gill (In re Cooper Commons LLC)
Lender of bankrupt debtor can specify that post-petition loans it makes may be used only for certain purposes.
Bankruptcy Dec. 11, 2005
Boeing North America Inc. v. Ybarra (In re Ybarra)
Portion of attorney fees incurred after bankruptcy petition based on pre-petition cause of action is not discharged.
Bankruptcy Dec. 11, 2005
Sasson v. Sokoloff (In re Sasson)
State court money judgment does not deprive bankruptcy court of jurisdiction to enter its own judgment.
Bankruptcy Dec. 6, 2005
Khachikyan v. Hahn (In re Khachikyan)
Dismissal of case as 'substantial abuse' of Chapter 7 was erroneous absent nexus between credit card abuse and filing.
Bankruptcy Nov. 29, 2005
Beck v. Fort James Corp.
Company cannot sue liquidating trustee in foreign jurisdiction without leave of bankruptcy court.
Bankruptcy Nov. 21, 2005
Stine v. Diamond (In re Flynn)
Co-owner of real property sold in bankruptcy sale is entitled to share of sale proceeds.
Bankruptcy Nov. 11, 2005