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Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint.
Bankruptcy May 26, 1999
Bankruptcy of Pintlar Corp.
New rule of personal jurisdiction over foreign residents applies to pending action if 'just and practicable.'
Bankruptcy May 26, 1999
Bankruptcy of Hatton
Debtor's conduct is equivalent to tax return filing to warrant finding that tax debt is dischargeable.
Bankruptcy May 26, 1999
Bankruptcy of Friedman
Funds borrowed by debtor from private pension plan are not exempt under state law.
Bankruptcy May 25, 1999
Bankruptcy of Osworth
A debtor can't claim an exemption for 'earnings' for a real estate commission owed by a non-employer.
Bankruptcy May 25, 1999
Bankruptcy of Carolan
Debtor doesn't defraud credit card issuer by incurring credit card debt prior to filing petition.
Bankruptcy May 24, 1999
Bankruptcy of Hanger
A lien only partially impaired by debtor's homestead exemption cannot be entirely avoided.
Bankruptcy May 21, 1999
Bankruptcy of Consolidated Water Utilities Inc.
Potential surplus assets do not warrant postpetition interest on claim where contrary to plan.
Bankruptcy May 21, 1999
Bankruptcy of Weisberg
Relief from automatic stay isn't required to liquidate stock pledged by debtor as 'margin loan' collateral.
Bankruptcy May 21, 1999
Bankruptcy of Wood
Recklessness in lending credit card to another with no ability to repay debt is grounds for nondischargeability.
Bankruptcy May 21, 1999
Bankruptcy of Arrol
Chapter 7 debtor can apply California homestead exemption to property in Michigan.
Bankruptcy May 20, 1999
Bankruptcy of Sale Guaranty Corporation
Trustee can not use strong-arm powers to access property held in trust as part of a tax-deferred exchange.
Bankruptcy May 11, 1999
Bankruptcy of Beguelin
Creditor entitled to interest from Chapter 13 petition date to beyond plan effective date at federal judgment rate.
Bankruptcy May 10, 1999
Bankruptcy of Sedona Institute
Creditor attorney may recover fee as administrative expense where creditor has no administrative expense claim.
Bankruptcy May 10, 1999
Siegel v. Federal Home Loan Mortgage Corp.
Allowance of bankruptcy claim on note is res judicata in debtor's subsequent suit against creditor.
Bankruptcy May 10, 1999
Bankruptcy of Rothery
Partial summary judgment as to number of creditors required for an involuntary petition is proper.
Bankruptcy May 10, 1999
Bank of America v. 203 North Lasalle Street Partnership
Equity security holders cannot contribute new value under plan and retain interest in debtor where opportunity is exclusive.
Bankruptcy May 10, 1999
Bankruptcy of Paul Clayton Jess
Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate.
Bankruptcy May 6, 1999
Enea v. Coldwell Banker/Del Monte Realty
Listing broker need not split commission with buyer's broker absent agreement.
Bankruptcy Apr. 29, 1999
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property.
Bankruptcy Apr. 29, 1999
Bankruptcy of Moses
'Keogh Plan' set up as spendthrift trust with anti-alienation provision is not part of bankruptcy estate.
Bankruptcy Apr. 26, 1999
Bankruptcy of Stewart
Chapter 7 bankruptcy case is properly dismissed for 'substantial abuse.'
Bankruptcy Apr. 22, 1999
Bankruptcy of DiSalvo
It is reversible error to extinguish debt and security as sanction for violating one action rule.
Bankruptcy Apr. 14, 1999
Bankruptcy of American Eagle Mfg. Inc.
Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election.
Bankruptcy Apr. 13, 1999
Bank of America Natl. Trust v. 203 N. LaSalle St. Partners
Equity holders may not, over objection, contribute new capital in exchange for ownership in a reorganized entity.
Bankruptcy Apr. 13, 1999
Bankruptcy of Gardenhire
Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case.
Bankruptcy Apr. 13, 1999
Bankruptcy of Walsh
Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay.
Bankruptcy Apr. 13, 1999
Bankruptcy of Cardinalli
Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed.
Bankruptcy Apr. 13, 1999
Pauletto v. Reliance Insurance Co.
Claims for malicious prosecution and abuse of process are pre-empted by federal bankruptcy laws.
Bankruptcy Apr. 13, 1999
Bankruptcy of Ernst Home Center Inc.
Appeal is dismissed as moot due to changed circumstances where no stay was ordered pending appeal.
Bankruptcy Apr. 13, 1999