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Bankruptcy of Trujillo
Pre-bankruptcy transfers of home and car by debtor for no consideration are avoidable fraudulent transfers.
Bankruptcy Jun. 6, 1999
Bankruptcy of Mora
Post-petition transfer of cashier's check occurs when payee has physical possession of check.
Bankruptcy Jun. 4, 1999
Bankruptcy of Watson
Non-ERISA qualified pension plan is not excluded from estate property.
Bankruptcy Jun. 4, 1999
Bankruptcy of Medley
Claim for debtor misrepresentation and inducement of elderly couple to loan money is nondischargeable.
Bankruptcy Jun. 4, 1999
Bankruptcy of Mackey
Statement of election to have appeal heard by district court is timely under 3-day rule for service by mail.
Bankruptcy Jun. 4, 1999
Bankruptcy of Nunez
Tax forms filed by debtor after Internal Revenue Service files substitute forms constitute "returns" for dischargeabilty purposes.
Bankruptcy Jun. 4, 1999
Bankruptcy of Duplante
Creditor isn't liable for debtor's attorney fees and costs for filing complaint to determine dischargeability of debt.
Bankruptcy Jun. 4, 1999
Bankruptcy of Kim
In Chapter 13 reorganization, value of business equipment is determined 'on location' if debtor continues operating.
Bankruptcy Jun. 4, 1999
Bankruptcy of White
Indian tribe waives sovereign immunity rights in member's bankruptcy by objecting to reorganization plan.
Bankruptcy Jun. 4, 1999
Bankruptcy of Edwards
Recordation of lis pendens against debtor's residence is violation of stay warranting imposition of sanctions.
Bankruptcy Jun. 3, 1999
Bankruptcy of Bartoni-Corsi Produce Inc.
Under California law, bank doesn't convert debtor's check, which lacks endorsement, by making board-authorized deposit.
Bankruptcy Jun. 3, 1999
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement.
Bankruptcy Jun. 3, 1999
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion.
Bankruptcy Jun. 3, 1999
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance.
Bankruptcy Jun. 3, 1999
Bankruptcy of Parker
Chapter 7 debtor wanting to retain secured property isn't limited to debt reaffirmation or redemption.
Bankruptcy Jun. 3, 1999
Bankruptcy of DAK Industries Inc.
Finding that pre-conversion Chapter 11 debtor was not insolvent as a going concern is appropriate in preference action.
Bankruptcy Jun. 3, 1999
Bankruptcy of Leavitt
Dismissal of petition with prejudice is justified when chapter 13 debtor hides asset and overstates expenses.
Bankruptcy Jun. 3, 1999
Bankruptcy of Jenkins
Statutory limit for Chapter 7 trustee's compensation includes fees of paraprofessional trustee hired for routine services.
Bankruptcy Jun. 3, 1999
Bankruptcy of Elias
California Franchise Tax Board is immune from bankruptcy action to determine state tax liability.
Bankruptcy Jun. 3, 1999
Bankruptcy of Cross
Securities Exchange Commission has standing to assert nondischargeability claim against Chapter 7 debtor.
Bankruptcy Jun. 3, 1999
Bankruptcy of Tallant
Obligation of attorney to repay loan from client is nondischargeable where loan is fraudulently induced.
Bankruptcy Jun. 3, 1999
Bankruptcy of Mullen
Federal bankruptcy court exercises discretion and abstains from hearing proceeding based on state law claim.
Bankruptcy Jun. 2, 1999
Cohen v. De La Cruz
Exception to discharge for debts arising from fraud includes punitive damages and attorney fees.
Bankruptcy Jun. 1, 1999
Bankruptcy of Colortran Inc.
Failure to follow procedure to invalidate lien warrants reversal of lien invalidation and compromise disapproval.
Bankruptcy Jun. 1, 1999
Bankruptcy of Udhus
Debtor curing secured obligation under 11 U.S.C. 1123 is not required to pay default interest rate.
Bankruptcy Jun. 1, 1999
Bankruptcy of Abercrombie
No administrative expense priority for attorney fees in postpetition judgment based on prepetition contract.
Bankruptcy Jun. 1, 1999
Bankruptcy of Di Giorgio
Vacation of leased premises moots appeal of order that automatic stay pre-empts unlawful detainer statute.
Bankruptcy May 27, 1999
Bankruptcy of Than
Changed financial circumstances is one of many factors to consider for Chapter 13 plan modification.
Bankruptcy May 26, 1999
Bankruptcy of Audre Inc.
Rooker-Feldman doctrine precludes disallowance or "zero" estimate of family court claim pending on appeal.
Bankruptcy May 26, 1999
Bankruptcy of Jess
Contingency fee of debtor for prepetition work that is collected after bankruptcy is estate property.
Bankruptcy May 26, 1999