Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-1333
|
Gonzalez v. Davis (In re Davis)
Trustee met burden of proving debtor's exemption in retirement account was not properly claimed. |
Bankruptcy |
|
Apr. 27, 2005 | |
04-1033
|
Williams v. Levi (In re: Williams)
Court may retroactively annul automatic stay in previous bankruptcy case after creditor foreclosed without obtaining relief from stay. |
Bankruptcy |
|
Apr. 27, 2005 | |
04-1151
|
Jorgenson v. State Line Hotel Inc. (In re State Line Hotel Inc.)
As debtor noticed claimant of its objection as she expressly directed, its service complied with bankruptcy procedural rules. |
Bankruptcy |
|
Apr. 27, 2005 | |
04-1102
|
Estate of Dean Short v. Payne (In re Payne)
Primary purpose of annuity must be considered in determining whether it is exempt life insurance. |
Bankruptcy |
|
Apr. 27, 2005 | |
03-1407
|
Rousey v. Jacoway
Debtors can exempt assets in their Individual Retirement Accounts from bankruptcy estate. |
Bankruptcy |
|
Apr. 12, 2005 | |
02-1523
|
Wiersma v. O.H. Kruse Grain and Milling (In re Wiersma)
Debtor cannot force bank to accept lien on replacement cows as substitute for interest in cash settlement. |
Bankruptcy |
|
Mar. 16, 2005 | |
04-1028
|
Kipperman v. Circle Trust F.B.O. (In re Grafton Partners LP)
Money received by investor before bankruptcy was not settlement payment that was immune from recovery by trustee. |
Bankruptcy |
|
Mar. 16, 2005 | |
04-1163
|
Milgard Tempering Inc. v. Darosa (In re Darosa)
Court need not apportion statutory lien liability when calculating whether creditor's judicial lien impaired exemptions. |
Bankruptcy |
|
Mar. 10, 2005 | |
04-1150
|
Moldo v. Charnock (In re Charnock)
Senior judicial lien is avoidable in bankruptcy even though junior consensual lien remains. |
Bankruptcy |
|
Mar. 9, 2005 | |
03-15769
|
Pacific Shores Development LLC v. At Home Corp. (In re At Home Corp.)
Bankruptcy court has discretion to grant motion to reject nonresidential lease retroactively. |
Bankruptcy |
|
Feb. 11, 2005 | |
04-1133
|
Education Credit Management Corp. v. Howe (In re Howe)
Bankruptcy court erred by failing to conduct individualized analysis into whether debtor can repay student loans. |
Bankruptcy |
|
Feb. 10, 2005 | |
03-35257
|
Sticka v. Casserino (In re Casserino)
Debtor's security deposit and prepaid rent are included in homestead exemption under Oregon law. |
Bankruptcy |
|
Feb. 7, 2005 | |
04-1023
|
Miller Avenue Professional and Promotional Services Inc. v. Brady (In re Enterprise Acquisition Partners)
Insider's solely owned corporation is not a per se insider. |
Bankruptcy |
|
Jan. 24, 2005 | |
03-1399
|
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case. |
Bankruptcy |
|
Jan. 11, 2005 | |
02-16958
|
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case. |
Bankruptcy |
|
Jan. 10, 2005 | |
04-1119
|
Tennant v. Rojas (In re Tennant)
Dismissal of Chapter 13 petition without further notice and hearing is appropriate when case involves very narrow procedural aspects. |
Bankruptcy |
|
Dec. 29, 2004 | |
04-1319
|
George v. City of Morro Bay (In re George)
Bankruptcy petitioner's newfound attempt to retain lease is barred by doctrine of claim preclusion. |
Bankruptcy |
|
Dec. 29, 2004 | |
04-1113
|
Gilliam v. Speier (In re KRSM Properties LLC)
Bankruptcy court can order IRS to return limited liability company funds used by owners to pay their tax obligations. |
Bankruptcy |
|
Dec. 29, 2004 | |
03-55808
|
Focus Media Inc. v. National Broadcasting Co. Inc. (In re Focus Media Inc.)
Television stations were properly awarded summary judgment in bankruptcy proceeding. |
Bankruptcy |
|
Dec. 20, 2004 | |
04-1173
|
Searles v. Riley (In re Searles)
Chapter 7 adversary proceeding seeking determination of discharge and community property issues is not moot when case is converted to Chapter 13. |
Bankruptcy |
|
Dec. 6, 2004 | |
03-1619
|
Morris v. Peralta (In re Peralta)
Creditor's motion seeking relief from default judgment entered against it for violating automatic stay is denied. |
Bankruptcy |
|
Dec. 6, 2004 | |
03-1620
|
Kyle v. Dye (In re Kyle)
Bankruptcy trustee's failure to protect record precludes further review. |
Bankruptcy |
|
Dec. 6, 2004 | |
04-1136
|
Savaria v. United States (In re Savaria)
Tax debt from delinquent return filed after bankruptcy petition does not achieve priority status. |
Bankruptcy |
|
Dec. 6, 2004 | |
04-1013
|
Kamai v. Long Beach Mortgage Co. (In re Kamai)
Creditor whose secured interest is worth less than property value is entitled to attorney fees despite interest of junior creditor. |
Bankruptcy |
|
Nov. 23, 2004 | |
03-1637
|
Arkinson v. Frontier Asset Mgmt. LLC (Skagit Pacific Corp.)
Bankruptcy court erred in finding secured creditor was entitled to funds from post-petition accounts receivable. |
Bankruptcy |
|
Nov. 23, 2004 | |
03-55858
|
Rubin v. Pringle (In re Focus Media Inc.)
Lawyer representing client in bankruptcy matter may receive service of process for client as 'implied agent.' |
Bankruptcy |
|
Nov. 16, 2004 | |
03-1490
|
President and Board of Ohio University v. Hawkins (In re Hawkins)
Medical student's university subsidy is dischargeable in bankruptcy. |
Bankruptcy |
|
Nov. 16, 2004 | |
04-1067
|
Bertola v. Northern Wisconsin Produce Company Inc. (In re Bertola)
Prevailing party is not entitled to attorney fees against debtor who involved it in litigation with third parties. |
Bankruptcy |
|
Nov. 16, 2004 | |
04-1081
|
Beneficial California Inc. v. Villar (In re Villar)
Debtor's service of motion to avoid judicial lien did not comply with Bankruptcy Code. |
Bankruptcy |
|
Nov. 16, 2004 | |
02-35983
|
White v. Nielsen (In re Nielsen)
Creditor's challenge to discharge fails for lack of evidence that discharge was obtained through fraud. |
Bankruptcy |
|
Nov. 9, 2004 |