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Name Category Published
Wilber v. Riddle (In re Wilber)
Appeal is properly dismissed where default judgments are entitled to collateral estoppel effect. 		Bankruptcy Oct. 11, 1999
Advanta National Bank v. Kong (In re Kong)
Creditor did not demonstrate fraud to deny discharge of credit card debt incurred for purpose of gambling. 		Bankruptcy Oct. 7, 1999
Seixas v. Booth (In re Seixas)
Debtor's obligation to pay children's college education expenses pursuant to marital settlement agreement are nondischargeable. 		Bankruptcy Oct. 7, 1999
Bankruptcy of Marino
Dismissal of untimely nondischargeability complaint in Chapter 11 case does not preclude subsequent filing of identical complaint in converted Chapter 7 case. 		Bankruptcy Sep. 30, 1999
Carter v. Anderson (In re Carter)
The sole shareholder of a Subchapter S corporation can qualify as an employee for purposes of earnings exemption. 		Bankruptcy Sep. 30, 1999
Franchise Tax Board v. Jerauld (In re Jerauld)
Debtor's state tax liability debts are dischargeable regardless of failure to report tax reassessments. 		Bankruptcy Sep. 29, 1999
Great Lakes Higher Education Corporation v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waived right to attack plan postconfirmation for improperly discharging debt. 		Bankruptcy Sep. 28, 1999
Hirsh v. Lamaute (In re Hirsh)
Sanctions and dismissal appropriate where appeal lacks merit and brief is inadequate. 		Bankruptcy Sep. 28, 1999
Hirsh v. Lamaute (In re Hirsh)
Where material is withheld and lawful court orders are not complied with, default judgment and denial of discharge are appropriate. 		Bankruptcy Sep. 28, 1999
J and D Equipment Rentals Inc. v. Capurro (In re J and D equipment Rentals Inc.)
Factual finding is not clearly erroneous where debtor attempted to manipulate bankruptcy system and judicial process. 		Bankruptcy Sep. 28, 1999
Michaels v. Bank of America National Trust & Savings Association (In re Nelson)
Debtor's estate has no interest in property that was properly foreclosed upon and sold to third party. 		Bankruptcy Sep. 28, 1999
Michaels v. Las Palmas Professional Center Inc. (In re Nelson)
Abstention is permissible where state law issue is entangled with automatic stay issue. 		Bankruptcy Sep. 28, 1999
Peia v. United States of America
Federal Tort Claims Act claims are dismissed where administrative claim is not brought before appropriate agency before filing of action. 		Bankruptcy Sep. 28, 1999
Eising v. Locke (In re Wescot International Inc.)
Debtor is entitled to relief from default judgment due to unconscionable penalty which is out of proportion to original claim. 		Bankruptcy Sep. 28, 1999
In re Kuraihi
Spendthrift provision in self-settled trust is not enforceable under California law and does not support exclusion from estate assets. 		Bankruptcy Sep. 28, 1999
Wepsic v. Josephson (In re Wepsic)
Debtor is entitled to attorney fees and costs as prevailing party in action against creditor for violations of Truth In Lending Act. 		Bankruptcy Sep. 28, 1999
Calstar Corp. v. Debbie Reynolds Hotel & Casino Inc. (In re Debbie Reynolds Hotel & Casino Inc.)
Surcharge of oversecured creditor is proper, but distribution of surcharge funds to administrative claimant to the exclusion of superpriority claimant is improper. 		Bankruptcy Sep. 24, 1999
Robert J. Williams Inc. v. Official Unsecured Creditors' Committee (In re Connolly)
Oversecured creditor is not entitled to attorney fees incurred to defend preference action, despite attorney fees provision in creditor's security agreement. 		Bankruptcy Sep. 24, 1999
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. 		Bankruptcy Sep. 7, 1999
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. 		Bankruptcy Sep. 7, 1999
Bankruptcy of Bigelow
Appellate court does not lack jurisdiction where corporation's notice of appeal is signed by a corporate officer. 		Bankruptcy Sep. 3, 1999
Kirby v. Elggren (In re Carmel of St. Joseph of Santa Ynez)
Donor of money to church for express purpose of buying real property is not entitled to constructive or resulting trust over property purchased. 		Bankruptcy Aug. 26, 1999
Dicker v. Dye (In re Edelman)
Claim filed late in Chapter 7 case due to 1994 Northridge earthquake isn't entitled to be treated as timely. 		Bankruptcy Aug. 26, 1999
Gertsch v. Johnson & Johnson Finance Corp. (In re Gertsch)
Summary judgment ruling that state court fraud judgment is nondischargeable for fraud is proper, but money judgment portion of ruling is not. 		Bankruptcy Aug. 26, 1999
Beauchamp v. Hoose (In re Beauchamp)
Failure to disclose a bank account in an effort to conceal assets warrants denial of discharge despite eventual disclosure in response to Rule 2004 examination. 		Bankruptcy Aug. 26, 1999
Lundell v. Ulrich (In re Lundell)
A bankruptcy court properly certifies an order determining damage to an estate as final, despite litigation that could produce a surplus in estate assets. 		Bankruptcy Aug. 24, 1999
Lovell v. Stanifer (In re Stanifer)
Claim of debtor's former spouse for part of debtor's pension benefits is excepted from discharge under 11 U.S.C. Section 523(a)(4). 		Bankruptcy Aug. 24, 1999
Bankruptcy of Shoen
State judgment requiring creditor to sell stock to debtor for principal amount plus interest isn't subject to prohibition of postpetition interest on unsecured claims. 		Bankruptcy Aug. 6, 1999
Bankruptcy of Gruntz
State court ruling that automatic stay didn't apply in criminal case doesn't bind bankruptcy court to same conclusion. 		Bankruptcy Aug. 6, 1999
Bankruptcy of P.R.T.C. Inc.
A bankruptcy trustee can transfer to a creditor the right to sue and avoid transactions. 		Bankruptcy Aug. 6, 1999
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