Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-1404
|
Bankruptcy of Molina
State court punitive damage award with no findings precludes relitigation of intent in nondischargeability proceeding. |
Bankruptcy |
|
Apr. 13, 1999 | |
98-6063
|
Woods v. Kenan
Bankruptcy court may revoke automatic abandoment of properties resulting from mistaken case closure. |
Bankruptcy |
|
Apr. 13, 1999 | |
97-15936
|
Bankruptcy of Hopkins
Taxpayer must retain 'innocent spouse' defense to avoid tax lien in bankruptcy proceeding. |
Bankruptcy |
|
Apr. 12, 1999 | |
97-35502
|
Bankruptcy of United Marine Shipbuilding Inc.
Government setoff rights aren't waived by mistaken disbursement of tax refund to bankruptcy trustee. |
Bankruptcy |
|
Apr. 11, 1999 | |
97-1089 and 97-1145
|
Bankruptcy of Wytch
Order retroactively annulling automatic stay validates postpetition foreclosure sale and unlawful detainer action. |
Bankruptcy |
|
Apr. 6, 1999 | |
97-35197 and 97-35312
|
Star Phoenix Mining Co. v. West One Bank
Failure to preserve deficiency claim against debtor doesn't forfeit right to collect deficiency from guarantor. |
Bankruptcy |
|
Apr. 5, 1999 | |
96-1975
|
Bankruptcy of DiSalvo
Ruling in dischargeability action doesn't bar subsequent determination of claim for abuse of process. |
Bankruptcy |
|
Apr. 5, 1999 | |
97-1019
|
Bankruptcy of Friedman
Money borrowed from retirement plan is not a "payment of benefits" sufficient to invoke exemption. |
Bankruptcy |
|
Apr. 4, 1999 | |
96-56445
|
Bankruptcy of 1441 Veteran Street Co.
Lien can't be stripped down based on unconfirmed reorganization plan's collateral valuation. |
Bankruptcy |
|
Apr. 2, 1999 | |
96-55735
|
Bankruptcy of Hines
Postpetition collection effort by attorney to collect prepetition fee doesn't violate automatic stay. |
Bankruptcy |
|
Apr. 2, 1999 | |
97-1830
|
Bankruptcy of Baldwin Builders
Creditor isn't entitled to replacement lien after asset transfer due to invalid and unperfected secured rights. |
Bankruptcy |
|
Apr. 1, 1999 | |
98-1672
|
Bankruptcy of Mendez
Attorney not licensed in Arizona but who is admitted to practice before the Arizona district court can receive fee as counsel for Chapter 13 debtor. |
Bankruptcy |
|
Mar. 31, 1999 | |
98-1064 and 98-1219
|
Bankruptcy of Scovis
Chapter 13 plan confirmation reversed due to failure to consider debtor's homestead exemption for Chapter 13 eligibility purposes. |
Bankruptcy |
|
Mar. 31, 1999 | |
97-1447
|
Bankruptcy of Bernal
Educational loan service company can't intervene as defendant in defaulted nondischargeability proceeding. |
Bankruptcy |
|
Mar. 30, 1999 | |
97-1655
|
Bankruptcy of Laskin
Chapter 7 debtor can't avoid second trust deed that is totally unsupported by collateral value. |
Bankruptcy |
|
Mar. 30, 1999 | |
97-17166
|
Bankruptcy of Prestige Limited Partnership-Concord
Action on guaranty of obligation secured by real property triggers California's 'One Action Rule.' |
Bankruptcy |
|
Mar. 29, 1999 | |
97-55874
|
Bankruptcy of Southern California Plastics Inc.
State prejudgment attachment lien does not establish secured claim and is not perfected by claim allowance. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-16707
|
Bankruptcy of Catapult
Debtor cannot assume license where nonbankruptcy law requires consent from nonconsenting nondebtor party. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-17345
|
Bankruptcy of CFLC Inc.
Pre-printed invoices do not create valid security interest in debtor's assets. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-55379
|
Bankruptcy of Gruntz
State court ruling that automatic stay did not apply in criminal case does not bind bankruptcy court to same conclusion. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-1350
|
Bankruptcy of Mitchell
Sovereign immunity protects state agencies from claims for damages in discharge litigation. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-1633
|
Bankruptcy of Black
Bankruptcy court errs by ignoring appellate panel's instructions on remand in nondischargeability proceeding. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-1836 and 97-1837
|
Bankruptcy of DeVore
Withdrawal of 'no-asset' report doesn't bring abandoned assets back into estate for administration. |
Bankruptcy |
|
Mar. 26, 1999 | |
95-16150
|
Bankruptcy of National Mass Media Telecommunication Systems Inc.
Creditor's sale of debtor's foreclosed property after relief from stay moots appeal of relief order. |
Bankruptcy |
|
Mar. 26, 1999 | |
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 24, 1999 | |
96-56508
|
Bankruptcy of Seko Investment Inc.
Claim isn't subject to 'bona fide dispute' in involuntary bankruptcy on basis of counterclaim alone. |
Bankruptcy |
|
Mar. 24, 1999 | |
96-16859
|
Bankruptcy of Simon
Bankruptcy court can sanction participating foreign creditor who violates injunction against collecting discharged debt. |
Bankruptcy |
|
Mar. 24, 1999 | |
97-1831
|
Bankruptcy of Rindlisbacher
Discharge isn't denied where complaint was filed by attorney in violation of legal and ethical duties. |
Bankruptcy |
|
Mar. 22, 1999 | |
96-56445
|
Bankruptcy of 1441 Veteran Street Co.,
Lien can't be stripped down based on unconfirmed reorganization plan's collateral valuation. |
Bankruptcy |
|
Mar. 22, 1999 | |
97-1085
|
Bankruptcy of Cataldo
Debtor is entitled to $2 million exemption on property owned with estranged spouse as 'tenants by the entirety.' |
Bankruptcy |
|
Mar. 19, 1999 |