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Name Category Published
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. 7, 2004
Frankfort Digital Services Ltd. v. Neary (Reynoso)
Appellants are precluded from relitigating issue of whether they are 'bankruptcy petition preparers.' 		Bankruptcy Oct. 14, 2004
Educational Credit Management Corp. v. Mason (In re Mason)
Partial discharge of student loans is proper when partial repayment would not create undue hardship but repayment of total amount would. 		Bankruptcy Oct. 14, 2004
Captain Blythers Inc. v. Thompson (In re Captain Blythers Inc.)
Assets which vest in debtor upon confirmation revest in chapter 7 estate upon conversion. 		Bankruptcy Oct. 13, 2004
First Federal Bank of California v. Robbins (In re Robbins)
Bankruptcy court will reconsider whether creditor should receive relief from automatic stay to perfect attachment lien. 		Bankruptcy Oct. 4, 2004
Security Leasing Partners v. ProAlert (In re ProAlert)
Bankruptcy court may allow use of cash collateral in Chapter 11 case without considering whether requirements for surcharge were met. 		Bankruptcy Sep. 30, 2004
Miller v. Snavely (In re Snavely)
Federal creditor that failed to create judgment lien under state law cannot pursue secured claim. 		Bankruptcy Sep. 30, 2004
Kearns v. Transamerical Home Loan (In re Kearns)
Exercise of non-judicial remedy against personal property collateral does not make lien on real property unenforceable. 		Bankruptcy Sep. 30, 2004
Higgins v. Vortex Fishing Systems Inc.
Bankruptcy court that dismissed involuntary petition may award attorney fees based on 'totality of circumstances.' 		Bankruptcy Sep. 28, 2004
Leichty v. Neary (Strand)
Approval of attorney's application for interim payment of fees does not create vested interest permitting court to modify final award amount. 		Bankruptcy Sep. 24, 2004
Cellular 101 Inc. v. Channel Communications Inc. (In re Cellular 101 Inc.)
Creditor may recover administrative expense incurred in substantial contribution to reorganization as long as benefits to reorganization outweigh benefit to creditor. 		Bankruptcy Sep. 20, 2004
Croston v. Davis (In re Croston)
Debtors have a one-time absolute right of conversion of liquidation case to reorganization or repayment-plan case. 		Bankruptcy Aug. 27, 2004
Bankruptcy Recovery Network v. Garcia (In re Garcia)
Bankruptcy court errs in not giving Chapter Seven default judgment preclusive effect. 		Bankruptcy Aug. 27, 2004
Andreyev v. First National Bank of Omaha (In re Andreyev)
Bankruptcy court improperly approved settlement regarding debtor's credit card debt. 		Bankruptcy Aug. 23, 2004
Endo Steel Inc. v. Janas (In re JWJ Contracting Co. Inc.)
Because transaction between debtor and creditor was not contemporaneous, trustee was eligible to file preference action. 		Bankruptcy Aug. 23, 2004
Frontier Bank v. Brown (In re Northern Merchandise Inc.)
Creditor provided reasonably equivalent value for bankruptcy debtor's security interest. 		Bankruptcy Aug. 23, 2004
Duplessis v. Valenti (In re Valenti)
Creditor alleging fraud by debtor must raise issue within 180 days of confirmation of bankruptcy plan. 		Bankruptcy Aug. 8, 2004
Marriage of Gioia
Notice of abandonment indicating trustee 'may' abandon on specified date unambiguously stated intent to abandon when read with applicable statute and local rule. 		Bankruptcy Jul. 25, 2004
Enewally v. Washington Mutual Bank (In re Enewally)
Chapter 13 bankruptcy plan may not engage in 'lien stripping' with debtor satisfying secured claim beyond life of plan. 		Bankruptcy Jul. 15, 2004
George v. Uninsured Employers Fund (In re George)
Claim of California Uninsured Employers Fund is not excise tax for purposes of federal bankruptcy law. 		Bankruptcy Jul. 12, 2004
Ederel Sport Inc. v. Gotcha International LP (In re Gotcha International LP)
Appeal of chapter 11 plan confirmation order is barred because it would unreasonably adversely affect third parties. 		Bankruptcy Jul. 12, 2004
Captain Blythers Inc. v. Thompson (In re Captain Blythers Inc.)
Assets which vest in debtor upon confirmation revest in chapter 7 estate upon conversion. 		Bankruptcy Jul. 12, 2004
Latman v. Burdette (Bankruptcy Appeals Clerk)
Bankruptcy court may equitably surcharge debtor's statutory exemptions to protect integrity of bankruptcy process and debtor's creditors. 		Bankruptcy Jul. 9, 2004
Miller v. United States
Bankruptcy petitioner that owed taxes to IRS is liable for interest that accrued during 'gap period.' 		Bankruptcy Jul. 8, 2004
Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may not recover damages for emotional distress when creditor violates automatic stay. 		Bankruptcy Jun. 29, 2004
Cohen v. Tran (In re Tran)
Bankruptcy court did not err in concluding debtor was entitled to proceeds of refinance upon dismissal. 		Bankruptcy May 25, 2004
Till v. SCS Credit Corp.
Where debt adjustment plan allows debtor to pay secured creditor's claim in installments, 'formula rate' approach must be used to determine appropriate interest. 		Bankruptcy May 25, 2004
Tennessee Student Assistance Corp. v. Hood
Bankruptcy court's discharge of student loan debt does not implicate state's Eleventh Amendment immunity. 		Bankruptcy May 25, 2004
Morrissey v. Stuteville
Bankruptcy Appellate Panel did not err in imposing sanctions in response to defendant's egregious procedural violations. 		Bankruptcy May 19, 2004
Dunmore v. United States
Bankruptcy court abused its discretion in dismissing plaintiff's tax refund claims because it incorrectly categorized them as core proceedings. 		Bankruptcy May 18, 2004
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