Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-5105
|
Kirtley v. Sovereign Life Insurance Company of California (In re Durability Inc.)
After granting summary judgment motion, court abuses its discretion if motion for reconsideration is denied without consideration of affidavit containing material information. |
Bankruptcy |
|
May 17, 2000 | |
99-3034
|
Fireman's Fund Insurance Companies v. Miles, Wright, Finley, & Zak (In re McColm)
Only district court has jurisdiction to hear appeals from bankruptcy court involving final judgments, orders and decrees and interlocutory orders and decreees. |
Bankruptcy |
|
May 10, 2000 | |
98-17319 and 99-35349
|
Ward v. California Board of Equalization (In re Artisan Woodworkers)
Post-petition interest on nondischargeable tax debt is also nondischargeable. |
Bankruptcy |
|
May 5, 2000 | |
98-15017
|
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors. |
Bankruptcy |
|
May 5, 2000 | |
99-1432 and 99-1540
|
Garner v. Shier (In re Garner)
Proof of claim constitutes prima facie evidence as to validity and amount where it is executed and filed correctly under Bankruptcy Rules. |
Bankruptcy |
|
Apr. 20, 2000 | |
99-6396
|
Sanders v. Vaughn (In re Sanders)
Order |
Bankruptcy |
|
Apr. 5, 2000 | |
97-55379
|
Gruntz v. County of Los Angeles (In re Gruntz)
Automatic stay doesn't enjoin state's criminal prosecution of debtor. |
Bankruptcy |
|
Mar. 30, 2000 | |
97-16032
|
Anderson v. Ganis Credit Corp. (In re Weilert R.V. Inc.)
Preferential payments fall within "ordinary course of business" exception only if relevant industry would consider payment made according to ordinary business terms. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-13709
|
Dent Wizard International Corp. v. Timmell (In re Timmell)
Where there is no proof of intent to defraud, revocation of discharge is not justified. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-57226
|
In re Ioane
Court cannot lift automatic stay because debtor's case was previously dismissed. |
Bankruptcy |
|
Mar. 24, 2000 | |
99-14488
|
In re Khoe
Government does not violate discharge injunction where tax liability was not discharged by prior bankruptcy case. |
Bankruptcy |
|
Mar. 24, 2000 | |
99-10487
|
Swinney v. Perton (In re Perton)
Novation is not created where there is neither new consideration or express language extinguishing all prior claims. |
Bankruptcy |
|
Mar. 24, 2000 | |
99-12708
|
In re Vernon
Temporary absence from declared homestead does not constitute abandonment of homestead or terminate right to claim exemption. |
Bankruptcy |
|
Mar. 24, 2000 | |
97-13496
|
In re Weeks
Nondischargeable debts are not subject to discharge injunction. |
Bankruptcy |
|
Mar. 24, 2000 | |
97-11644
|
In re Young
Compromise is fair and reasonable where it avoids significant expenditure of estate assets and risk of having claim allowed in higher amount. |
Bankruptcy |
|
Mar. 24, 2000 | |
94-31674
|
In re Westar Paving Inc.
Where case is converted after 1994 amendments to Bankruptcy Code Section 326(a), pre-1994 fee formula determines maximum compensation payable to trustee. |
Bankruptcy |
|
Mar. 24, 2000 | |
99-692
|
Malone v. Norwest Financial California Inc.
Where there is private cause of action and right to jury trial, referral to bankruptcy court is not appropriate. |
Bankruptcy |
|
Mar. 24, 2000 | |
99-55022
|
Fernandez v. GE Capital Mortgage Services Inc. (IN re Fernandez)
Debtor's bankruptcy case is properly dismissed where he fails to establish excusable neglect. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-35491
|
McClure v. Northwest Education Loan Association (In re McClure)
Appeals court cannot entertain issue where it was not reviewed by Bankruptcy Appellate Panel, nor affected by the appellate panel's judgment. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-56046
|
Kaura v. Amato (In re Kaura)
Debtor is entitled to discharge, despite failing to disclose assets. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-35553
|
Lurie v. Blackwell
District court properly relied on Barton doctrine in dismissing action for lack of subject matter jurisdiction. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-35877
|
Lurie v. Blackwell
District court properly dismissed case for lack of subject matter jurisdiction. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-56653
|
San Paolo U.S. Holding Co. Inc. v. Neilson (In re McNall)
Trustee's avoidance action cannot be defeated where there is no evidence that fraudulently conveyed funds were taken in good faith. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-36078
|
Wyatt v. Kaufman (In re Wyatt)
Appeal dismissed for lack of jurisdiction where district court decision is not final appealable decision. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-17121
|
Knauss v. Ancell (In re Knauss)
Appeal is properly dismissed without finding bankruptcy court contempt order moot. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-2288, 98-2296 and 98-2300
|
Carpenter v. Williams (In re Carpenter and Laura Carpenter Fine Art Inc.)
Opinion |
Bankruptcy |
|
Mar. 22, 2000 | |
98-55846
|
Durkin v. Benedor Corp. (In re G.I. Industries Inc.)
Bankruptcy court may adjudicate executory contract's validity pursuant to valid proof of claim even after trustee has rejected contract. |
Bankruptcy |
|
Mar. 21, 2000 | |
99-1038
|
Sysco Food Services of Seattle Inc. v. Country Harvest Buffet Restaurants Inc. (In re Country Harvest Buffet Restaurants Inc.)
Debtor, as restaurant chain, is subject to provisions of Perishable Agricultural Commodities Act. |
Bankruptcy |
|
Mar. 21, 2000 | |
99-1523
|
Vu v. Kendall (In re Vu)
Post-petition appreciation on debtors' residence is estate property without regardless of whether residence as of petition date. |
Bankruptcy |
|
Mar. 21, 2000 | |
98-1845
|
AT&T Universal Card Services Corp. v. Pham (In re Pham)
State law determines whether creditor may recover attorney fees via contractual provision for successfully litigating nondischargeability action. |
Bankruptcy |
|
Mar. 21, 2000 |