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Bankruptcy of Music Merchants Inc.
Attorney fees are denied, including enhanced fees for delay in payment.
Bankruptcy Jun. 17, 1999
Bankruptcy of Rawlinson
Debtors can claim exemption in individual retirement account under California law.
Bankruptcy Jun. 17, 1999
Bankruptcy of Krishnamurthy
State court jury award of punitive damages for fraud and malice by debtors isn't dischargeable.
Bankruptcy Jun. 17, 1999
Bankruptcy of Montross
Funds stolen by debtor from partnership and put in secret accounts aren't part of bankruptcy estate.
Bankruptcy Jun. 17, 1999
Brown v. Salliemae Servicing Corp., Great Lakes Higher Education Corp., and Hemar Insurance Corp. of America (In re: Brown)
Student loan debt is dischargeable in its entirety due to undue hardship despite the partial ability to repay the loan.
Bankruptcy Jun. 16, 1999
In re: Carlos
A law firm that uses a non-attorney to negotiate a reaffirmation agreement engages in the unauthorized practice of law.
Bankruptcy Jun. 16, 1999
James v. United Student Aid Funds Inc.
Exception to dischargeability for student loans applies to non-student debtor obligor.
Bankruptcy Jun. 16, 1999
Bankruptcy of Varner
Judgment abstract failing to identify Social Security and drivers' license numbers was not avoidable.
Bankruptcy Jun. 16, 1999
Bankruptcy of Pardee
Creditor is enjoined from collecting interest on student loan erroneously discharged in Chapter 13 plan.
Bankruptcy Jun. 16, 1999
Bankruptcy of Jodoin
Debtor carries burden of establishing dischargeability of judgment from dissolution proceedings.
Bankruptcy Jun. 16, 1999
Bankruptcy of CFLC Inc.
No security agreement by debtor's silent payment of invoices absent bargained-for terms.
Bankruptcy Jun. 16, 1999
Bankruptcy of Serrato
Private trustee is officer of court, but not of U.S., for extending filing of appeal notice.
Bankruptcy Jun. 16, 1999
Bankruptcy of Fernandez
Prior in rem relief from stay applies in subsequent bankruptcy filed by different debtor.
Bankruptcy Jun. 15, 1999
Bankruptcy of Fischer
Express novation extinguishes creditor's fraud claim against debtor based on original contract.
Bankruptcy Jun. 15, 1999
In re: Corcoran Hospital District
Chapter 9 plan can be confirmed despite objections based on claim classification, plan illegality, and bad faith.
Bankruptcy Jun. 15, 1999
In re: Plitt Amusement Co. of Washington
Multiple leases in a single transaction are severable such that one can be rejected under 11 U.S.C. Section 365.
Bankruptcy Jun. 15, 1999
Bankruptcy of Pintlar Corp.
Liability portion of debtor's directors/officers insurance policy isn't estate property for stay of coverage litigation.
Bankruptcy Jun. 15, 1999
Bankruptcy of Fisher
Express novation extinguishes creditor's fraud claim against debtor based on original contract.
Bankruptcy Jun. 15, 1999
Bankruptcy of The Circle K. Corp.
Defaulting Chapter 11 debtor renews lease although lease provision bars defaulting lessee from doing so.
Bankruptcy Jun. 15, 1999
Bankruptcy of Gomes
Ability to pay percentage of unsecured debt under plan was grounds to dismiss Chapter 7 case.
Bankruptcy Jun. 15, 1999
Bankruptcy of Sylvester
Portion of malpractice action proceeds was for 'personal injury' and exempt if necessary for support.
Bankruptcy Jun. 15, 1999
Bankruptcy of Quality Laser Works
Liquidating partner under California law is custodian for purposes of Bankruptcy Code.
Bankruptcy Jun. 14, 1999
Bankruptcy of Giordano
Dismissal of gross negligence complaint against Chapter 7 trustee warrants imposition of sanctions.
Bankruptcy Jun. 14, 1999
Bankruptcy of Hal Inc.
Federal agencies constitute a single governmental unit for setoff purposes under Bankruptcy Code.
Bankruptcy Jun. 14, 1999
Bankruptcy of Schimmels
Relators losing adversary proceeding against False Claims Act defendant/debtor is res judicata in government's action.
Bankruptcy Jun. 14, 1999
Bankruptcy of Lam
Complete removal of lien on Chapter 13 debtor's personal residence is not prohibited if claim is unsecured.
Bankruptcy Jun. 12, 1999
Bankruptcy of Folks
Creditor is time-barred from pursuing general alter ego claim, despite trustee's nunc pro tunc abandonment.
Bankruptcy Jun. 12, 1999
Bankruptcy of Younie
State court default judgment for fraud precludes relitigation of dischargeability issues.
Bankruptcy Jun. 12, 1999
Bankruptcy of S.S. Retail Stores Corp.
Disqualification of attorney from representing debtor isn't attributable to his firm under Bankruptcy Code.
Bankruptcy Jun. 12, 1999
Bankruptcy of Rothery
Rule 12(b)(6) motion is treated as Rule 56 summary judgment motion on introduction of extrinsic evidence.
Bankruptcy Jun. 12, 1999