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Name Category Published
Bankruptcy of Baroff
Dischargeability action's prevailing party receives attorney fees after enforcement of settlement under state law.
Bankruptcy Jul. 7, 1999
Bankruptcy of Bishop, Baldwin, Rewald, Dillingham & Wong Inc.
Bankruptcy rule requiring statement of issues doesn't limit party's ability to appeal from bankruptcy judgment.
Bankruptcy Jul. 7, 1999
Bankruptcy of Advent Management Corp.
Creditor claiming constructive trust over debtor's commingled funds must trace funds to underlying illegal transfer.
Bankruptcy Jul. 6, 1999
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable.
Bankruptcy Jul. 5, 1999
Bankruptcy of Yepremian
Deposition testimony of unrecorded joint venture doesn't establish priority of equitable interest over subsequent recording.
Bankruptcy Jul. 3, 1999
Bankruptcy of Figter Limited
Sole secured creditor can acquire majority of unsecured claims in order to defeat reorganization plan.
Bankruptcy Jul. 3, 1999
Bankruptcy of The Leisure Corp.
A debtor is not prohibited, as a matter of law, from exercising a postpetition lease renewal due to postpetition lease defaults.
Bankruptcy Jul. 1, 1999
Associates Commercial Corp. v. Rash
In Chapter 13 plan, value of creditor's collateral is determined by the 'replacement-value' standard.
Bankruptcy Jun. 30, 1999
Bankruptcy of Weiner
Knowing undervaluation of an estate asset warrants denial of discharge.
Bankruptcy Jun. 30, 1999
Bankruptcy of Greenfield Drive Storage Park
Material default in plan performance justifies conversion from Chapter 11 to Chapter 7.
Bankruptcy Jun. 30, 1999
Bankruptcy of Southern California Plastics Inc.
Bankruptcy Code Section 108(c) tolls California's three-year automatic expiration of prejudgment attachment lien.
Bankruptcy Jun. 30, 1999
Bankruptcy of Jerauld
For discharge exception, failure to file tax report isn't same as failure to file return.
Bankruptcy Jun. 30, 1999
Bankruptcy of Coupon Clearing Service Inc.
Creditor's failure to establish agency/trust relationship with debtor allows summary judgment for another creditor.
Bankruptcy Jun. 29, 1999
Richmond v. United States
The Internal Revenue Service is entitled to additional time to assert a deficiency tax assessment where it does not get notice of lifting of automatic stay.
Bankruptcy Jun. 29, 1999
Bankruptcy of Turley
Proceeds from noncertified share in racing team are general intangibles and not subject to Article 8 security interest.
Bankruptcy Jun. 29, 1999
Bankruptcy of Tuli
Court which raises issue of jurisdiction over foreign government must allow the plaintiff to establish minimum contacts.
Bankruptcy Jun. 29, 1999
Fidelity Fin. Serv. v. Fink
Security interest "perfected" for enabling loan defense only if state requirements satisifed within twenty days.
Bankruptcy Jun. 28, 1999
Bankruptcy of Hamilton Taft & Co.
No avoidance of stockbroker's prepetition security transfer to third party at debtor's direction in reverse repurchase transaction.
Bankruptcy Jun. 28, 1999
Bankruptcy of Lewis
Debtor's attorney fees needn't be excessive for disgorgement order for violating disclosure and reporting requirements.
Bankruptcy Jun. 28, 1999
Bankruptcy of Claremont Acquisition Corp. Inc.
Debtor car dealer's incurable nonmonetary default bars assignment of dealership franchise agreement in bankruptcy proceeding.
Bankruptcy Jun. 28, 1999
Fidelity Financial Services Inc. v. Fink
Security interest is 'perfected' for enabling loan defense only if state requirements satisfied within twenty days.
Bankruptcy Jun. 28, 1999
Bankruptcy of Consolidated Pioneer Mortgage
Complaint filed in bankruptcy court to re-address claims denied in state court is not viable.
Bankruptcy Jun. 28, 1999
Bankruptcy of Duvar Apt. Inc.
Creditor is entitled to relief from automatic stay if debtor files bankruptcy in bad faith.
Bankruptcy Jun. 28, 1999
Bankruptcy of Smith
Debtor has no right to jury trial in adversary proceeding against Internal Revenue Service.
Bankruptcy Jun. 28, 1999
Bankruptcy of Joseph
U.S. Trustee can bring dismissal motion on a referral from panel trustee.
Bankruptcy Jun. 26, 1999
Bankruptcy of Goscicki
Order remanding creditor's fraud action to state court doesn't vitiate responsibility to file dischargeability complaint.
Bankruptcy Jun. 26, 1999
Bankruptcy of Pena
Debtor isn't required to show extraordinary circumstances exist that preclude improved financial status in future.
Bankruptcy Jun. 26, 1999
Bankruptcy of Manriquez
Forbearance agreement may not be retroactively applied after seven years to recover student loan.
Bankruptcy Jun. 26, 1999
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable.
Bankruptcy Jun. 26, 1999
Bankruptcy of Leavitt
Express bad faith finding is not necessary if record supports dismissal of petition with prejudice.
Bankruptcy Jun. 25, 1999