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Name Category Published
Miller v. Cardinale (In re Les DeVille)
Attorney and client who delayed civil lawsuit by filing series of bankruptcy petitions are subject to sanctions. 		Bankruptcy May 11, 2004
Decker v. Advantage Fund Ltd.
Trustee's fraudulent transfer claim is properly dismissed because action directed at recovery of stock only affected equitable ownership. 		Bankruptcy May 7, 2004
Warnick v, Yassian (In re Rodeo Canon Development Corp.)
Bankruptcy court may not allow sale of estate property without determining if debtor is in fact owner of property. 		Bankruptcy May 6, 2004
Cheng v. K&S Diversified Investments Inc. (In re Cheng)
Doctrine of judicial estoppel was improperly applied in bankruptcy case. 		Bankruptcy Apr. 26, 2004
Hayden v. Wells (In re Hayden)
Bankruptcy court did not err in concluding that defendant's retention of vehicle did not violate automatic stay. 		Bankruptcy Apr. 26, 2004
Nys v. Educational Credit Mgmt. Corp. (In re Nys)
Bankruptcy court erred in requiring debtor to prove 'exceptional circumstances' in student loan discharge case. 		Bankruptcy Apr. 26, 2004
Hi-Tech Communications Corp. v. Poughkeepsie Business Park LLC (In re Wheatfield Business Park LLC)
Bankruptcy court may allow amendment to proof of claim relating back to filing date of claim in absence of prejudice. 		Bankruptcy Apr. 26, 2004
Gose v. McGranahan (In re Gose)
Bankruptcy debtors who filed personal injury lawsuit in California must demonstrate that proceeds are necessary for their support. 		Bankruptcy Apr. 20, 2004
Educational Credit Management Corp. v. Repp (In re Repp)
Minimal service requirements for Chapter 13 plan confirmations cannot be used to avoid obligations to student loan creditor. 		Bankruptcy Apr. 20, 2004
U.S. v. Galletti (In re Galletti)
IRS may not collect debtor's tax deficiency without individualized assessments or judgments obtained within statutory period. 		Bankruptcy Mar. 24, 2004
Houston v. Eiler (In re Cohen)
Chapter 13 debtors have standing to exercise trustee avoiding powers for benefit of estate. 		Bankruptcy Mar. 18, 2004
Brown v. State Bar of Arizona (In re bankruptcy petition preparers who are not certified pursuant to requirements of the Arizona Supreme Court).
Bankruptcy court may order bankruptcy petition preparers to comply with state certification requirements. 		Bankruptcy Mar. 18, 2004
Bunyan v. United States (In re Bunyan)
Bankruptcy court lacked jurisdiction to consider validity of tax assessments. 		Bankruptcy Mar. 11, 2004
Resurgent Capital Services v. Burnett (In re Burnett)
Creditor that purchased claim after debtor filed for bankruptcy is not required to disclose purchase price. 		Bankruptcy Mar. 9, 2004
Redback Networks Inc. v. Mayan Networks Corp. (In re Mayan Networks Corp.)
Draw on letter of credit is applied in satisfaction of landlord's claim against debtor. 		Bankruptcy Mar. 2, 2004
Wells Fargo Bank Northwest N.A. v. Yett (In re Yett)
Debtors may confirm cramdown plan over creditor's objection even if plan neither cure defaults nor pays interest at default rate. 		Bankruptcy Mar. 2, 2004
Delaney-Morin v. Day (In re Delaney-Morin)
Bankruptcy court abused its discretion by lifting automatic stay because debtor had no notice of evidentiary hearing. 		Bankruptcy Feb. 11, 2004
Goldberg v. Ellett (In re Ellett)
Debtor's liability for California personal income taxes was discharged in bankruptcy. 		Bankruptcy Feb. 11, 2004
Birdsell v. Coumbe (In re Coumbe)
Property from valid spendthrift trust need not be turned over to bankruptcy estate. 		Bankruptcy Feb. 5, 2004
Goswami v. MTC Distributing (In re Goswami)
Debtor may amend exemption schedule after bankruptcy case has closed. 		Bankruptcy Feb. 5, 2004
Chase v. Kosmala (In re Loyd)
Sanctions awarded on bankruptcy court's own motion cannot include shifting of attorney fees. 		Bankruptcy Feb. 5, 2004
Lamie v. U.S. Trustee
Under plain language of 11 U.S.C. Section 330(a)(1), debtor's attorney is entitled to fees only if employed by trustee and approved by court. 		Bankruptcy Feb. 5, 2004
Kontrick v. Ryan
Debtor forfeits right to challenge creditor's claim as untimely if debtor fails to raise challenge before bankruptcy court reaches merits of claim. 		Bankruptcy Jan. 21, 2004
Price v. U.S. Trustee (In re Price)
Court properly dismisses debtor's petition for substantial abuse under Bankruptcy Code. 		Bankruptcy Jan. 13, 2004
Computer Task Group Inc. v. Brotby (In re Brotby)
Court's varying treatment of rights of creditors situated in same class was disparate and against command of 11 U.S.C. Section 1123(a)(4). 		Bankruptcy Dec. 31, 2003
Tax Collector for the County of San Diego v. Pluma (In re Pluma)
Bankruptcy court must recalculate interest rate on debtor's unpaid property taxes. 		Bankruptcy Dec. 31, 2003
Duffy v. Dwyer (In re Dwyer)
Friday following Thanksgiving is legal holiday that does not count toward deadline to file complaint to determine dischargeability of debt. 		Bankruptcy Dec. 31, 2003
Umali v. Dhanani (In re Umali)
Bankruptcy petition filed in violation of court-imposed 180-day bar is properly excluded from automatic stay provisions. 		Bankruptcy Dec. 4, 2003
Pacific Gas & Electric Co. v. People of State of California
'Notwithstanding' clause of 11 U.S.C. Section 1123(a) expressly pre-empts otherwise applicable nonbankruptcy law relating to financial condition. 		Bankruptcy Nov. 25, 2003
Bankruptcy Receivables Management v. Lopez (In re Lopez)
Creditor cannot enforce post-bankruptcy discharge agreement with debtor. 		Bankruptcy Nov. 18, 2003
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