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Bankruptcy of George
60-day time period to reject a real estate lease applies to lease on property held in trust by city for public use.
Bankruptcy Aug. 6, 1999
Bankruptcy of Arden
Court must consider Bankruptcy Code's cap on damages for lease termination in determining claim compromise and plan confirmation issues.
Bankruptcy Aug. 6, 1999
Bankruptcy of Fraschilla
Intervening change in controlling legal authority allows bankruptcy court to deviate from appellate mandate.
Bankruptcy Aug. 6, 1999
Bankruptcy of Dunbar
Debtor may be entitled to an injunction prohibiting revocation of a contractor license, but not the collection of contractor's bond.
Bankruptcy Aug. 6, 1999
A.P. Esteve Sales Inc. v. Manning (In re Manning)
Debtor in foreign bankruptcy proceeding entitled to injunctive relief preventing the continuation of any action against debtor or any of its property.
Bankruptcy Aug. 5, 1999
Rowe v. Jackman (In re Rowe)
Joint debtors, living apart, may only claim one homestead exemption under Nevada law.
Bankruptcy Aug. 5, 1999
In re Bergeron
Court has power to grant discharge despite debtor's inability to attend creditors' meeting.
Bankruptcy Aug. 4, 1999
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings.
Bankruptcy Aug. 4, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 28, 1999
Bankruptcy of Wilborn
Court has authority to allow creditors to file dischargeability complaint up to 165 days after notice.
Bankruptcy Jul. 27, 1999
Bankruptcy of Medina
Court abuses discretion by refusing to allow IRS to set off its claim against debtors.
Bankruptcy Jul. 27, 1999
Bankruptcy of McDonell
Recording certified copy of federal money lien creates valid judgment lien on California realty.
Bankruptcy Jul. 27, 1999
Bankruptcy of Turner
Municipal court judgment entered after petition was filed isn't final for purposes of collateral estoppel.
Bankruptcy Jul. 27, 1999
Modern Financial Plans & Services Inc. v. Abele (In re Cohen)
Creditor receiving a cashier's check purchased with debtor's funds by the debtor's spouse isn't an 'initial transferee' for fraudulent transfer recovery.
Bankruptcy Jul. 27, 1999
Hill & Sandford v. Mirzai (In re Mirzai)
Bankruptcy court doesn't have jurisdiction to revise a fee award when timely appeal is pending.
Bankruptcy Jul. 27, 1999
Soderlund v. Cohen (In re Soderlund)
Court properly considers proofs of claim and unsecured portion of undersecured claims in converting Chapter 13 case to Chapter 7.
Bankruptcy Jul. 27, 1999
Bostanian v. Liberty Savings Bank
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate.
Bankruptcy Jul. 26, 1999
Bankruptcy of Federated Group Inc.
Joining indenture trustee to involuntary bankruptcy doesn't extinguish debenture holders' claims as three qualifying creditors.
Bankruptcy Jul. 25, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 25, 1999
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment.
Bankruptcy Jul. 19, 1999
Bostanian v. Liberty Savings Bank F.S.B.
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate.
Bankruptcy Jul. 19, 1999
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary.
Bankruptcy Jul. 19, 1999
Bankruptcy of Los Angeles International Airport Hotel Associates
State taxing agency doesn't have to submit documentation to support proof of claim created by statute.
Bankruptcy Jul. 19, 1999
Bankruptcy of Ambanc La Mesa Limited Partnership
Creditor's secured and unsecured claim isn't treated fairly and equitably to allow 'cramdown' of reorganization plan.
Bankruptcy Jul. 16, 1999
Bankruptcy of Saylor
'Willful and malicious' exception to dischargeability precludes discharge of obligation based on debtor's tortious conduct.
Bankruptcy Jul. 15, 1999
Bankruptcy of Lee
For 'new value' defense to trustee's avoidance action, no transfer of debtor's property on delivery of bad check.
Bankruptcy Jul. 15, 1999
Bankruptcy of Lievsay
Denial of Chapter 11 plan is interlocutory and unreviewable by appellate court after appeal to bankruptcy panel.
Bankruptcy Jul. 10, 1999
Bankruptcy of Robert L. Helms Construction & Development Co. Inc.
Opinion contract to purchase real property is executory contract to be accepted or rejected by trustee.
Bankruptcy Jul. 10, 1999
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother.
Bankruptcy Jul. 9, 1999
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court.
Bankruptcy Jul. 9, 1999