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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
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
Ward v. California Board of Equalization (In re Artisan Woodworkers)
Post-petition interest on nondischargeable tax debt is also nondischargeable.
Bankruptcy May 5, 2000
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors.
Bankruptcy May 5, 2000
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
Sanders v. Vaughn (In re Sanders)
Order
Bankruptcy Apr. 5, 2000
Gruntz v. County of Los Angeles (In re Gruntz)
Automatic stay doesn't enjoin state's criminal prosecution of debtor.
Bankruptcy Mar. 30, 2000
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
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
In re Ioane
Court cannot lift automatic stay because debtor's case was previously dismissed.
Bankruptcy Mar. 24, 2000
In re Khoe
Government does not violate discharge injunction where tax liability was not discharged by prior bankruptcy case.
Bankruptcy Mar. 24, 2000
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
In re Vernon
Temporary absence from declared homestead does not constitute abandonment of homestead or terminate right to claim exemption.
Bankruptcy Mar. 24, 2000
In re Weeks
Nondischargeable debts are not subject to discharge injunction.
Bankruptcy Mar. 24, 2000
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
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
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
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
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
Kaura v. Amato (In re Kaura)
Debtor is entitled to discharge, despite failing to disclose assets.
Bankruptcy Mar. 24, 2000
Lurie v. Blackwell
District court properly relied on Barton doctrine in dismissing action for lack of subject matter jurisdiction.
Bankruptcy Mar. 24, 2000
Lurie v. Blackwell
District court properly dismissed case for lack of subject matter jurisdiction.
Bankruptcy Mar. 24, 2000
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
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
Knauss v. Ancell (In re Knauss)
Appeal is properly dismissed without finding bankruptcy court contempt order moot.
Bankruptcy Mar. 24, 2000
Carpenter v. Williams (In re Carpenter and Laura Carpenter Fine Art Inc.)
Opinion
Bankruptcy Mar. 22, 2000
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
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
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
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