Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-56628
|
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 | |
97-55968 and 97-55997
|
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 | |
98-1034
|
Bankruptcy of Fraschilla
Intervening change in controlling legal authority allows bankruptcy court to deviate from appellate mandate. |
Bankruptcy |
|
Aug. 6, 1999 | |
98-1571
|
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 | |
98-1664
|
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 | |
99-1072
|
Rowe v. Jackman (In re Rowe)
Joint debtors, living apart, may only claim one homestead exemption under Nevada law. |
Bankruptcy |
|
Aug. 5, 1999 | |
99-42568
|
In re Bergeron
Court has power to grant discharge despite debtor's inability to attend creditors' meeting. |
Bankruptcy |
|
Aug. 4, 1999 | |
95-55628
|
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings. |
Bankruptcy |
|
Aug. 4, 1999 | |
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 28, 1999 | |
95-1943
|
Bankruptcy of Wilborn
Court has authority to allow creditors to file dischargeability complaint up to 165 days after notice. |
Bankruptcy |
|
Jul. 27, 1999 | |
95-1535 and 95-1616
|
Bankruptcy of Medina
Court abuses discretion by refusing to allow IRS to set off its claim against debtors. |
Bankruptcy |
|
Jul. 27, 1999 | |
96-1091
|
Bankruptcy of McDonell
Recording certified copy of federal money lien creates valid judgment lien on California realty. |
Bankruptcy |
|
Jul. 27, 1999 | |
96-1591
|
Bankruptcy of Turner
Municipal court judgment entered after petition was filed isn't final for purposes of collateral estoppel. |
Bankruptcy |
|
Jul. 27, 1999 | |
98-1567
|
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 | |
98-1195
|
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 | |
98-1307
|
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 | |
B102938
|
Bostanian v. Liberty Savings Bank
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate. |
Bankruptcy |
|
Jul. 26, 1999 | |
95-16556
|
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 | |
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 25, 1999 | |
95-15920
|
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment. |
Bankruptcy |
|
Jul. 19, 1999 | |
B102938
|
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 | |
95-55968
|
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary. |
Bankruptcy |
|
Jul. 19, 1999 | |
96-55797
|
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 | |
95-16872
|
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 | |
95-55431
|
Bankruptcy of Saylor
'Willful and malicious' exception to dischargeability precludes discharge of obligation based on debtor's tortious conduct. |
Bankruptcy |
|
Jul. 15, 1999 | |
95-15791
|
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 | |
96-56378
|
Bankruptcy of Lievsay
Denial of Chapter 11 plan is interlocutory and unreviewable by appellate court after appeal to bankruptcy panel. |
Bankruptcy |
|
Jul. 10, 1999 | |
95-16781
|
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 | |
95-56511 and 96-55364
|
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother. |
Bankruptcy |
|
Jul. 9, 1999 | |
96-04033
|
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court. |
Bankruptcy |
|
Jul. 9, 1999 |