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Bankruptcy of Metz
Retirement plan is not property of estate and is exempt from administration.
Bankruptcy Mar. 19, 1999
Bankruptcy of Pena
Payment of student loan creates 'undue hardship' so that debt is not excepted from discharge.
Bankruptcy Mar. 18, 1999
Bankruptcy of Banks
Claim for which state limitations period expired prepetition is valid where creditor took affirmative prepetition act.
Bankruptcy Mar. 17, 1999
Bankruptcy of Brown
Creditor is sanctioned for violating discharge injunction by seeking debt reaffirmation.
Bankruptcy Mar. 17, 1999
Bankruptcy of Taylor
No partial exception from discharge for student loans; undue hardship requires good faith effort to repay loan.
Bankruptcy Mar. 17, 1999
Bankruptcy of Washington Trust Deed Service Corp.
State court action by creditor against a trustee properly dismissed for failure to state a claim.
Bankruptcy Mar. 17, 1999
Bankruptcy of Mantle
All community property not divided by a state court prior to bankruptcy is estate property.
Bankruptcy Mar. 17, 1999
Bankruptcy of United Marine Shipbuilding, Inc.
Government setoff rights aren't waived by mistaken disbursement of tax to bankruptcy trustee.
Bankruptcy Mar. 12, 1999
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury.
Bankruptcy Mar. 12, 1999
Bankruptcy of Stoneking
Debtor may avoid lien that was 'fixed' on community property homestead prior to taking sole title by divorce decree.
Bankruptcy Mar. 12, 1999
Bankruptcy of Jackson
Failure to notify state tax board of federal tax reassessment is not 'failure to file' a return.
Bankruptcy Mar. 12, 1999
Bankruptcy of Greene
Bankruptcy Rule 9006 extends 90-day preference period to 91 days where 90th day falls on Saturday.
Bankruptcy Mar. 12, 1999
Bankruptcy of Agyekum
Unreasonable portion of bankruptcy petition preparer's fee must be disgorged.
Bankruptcy Mar. 12, 1999
Bankruptcy of Monument Auto Detail Inc.
Attorney not entitled to fees for services in a Chapter 11 case prior to conversion to Chapter 7.
Bankruptcy Mar. 11, 1999
Bankruptcy of Bakersfield Westar Inc.
Prepetition revocation of corporation's "subchapter s" status may be avoidable fraudulent transfer.
Bankruptcy Mar. 11, 1999
Bankruptcy of Lopez
Redemption of consumer debt collateral requires motion, court approval and a single payment.
Bankruptcy Mar. 11, 1999
Bankruptcy of Cole
Stipulated judgment declaring debt to be nondischargeable in case of bankruptcy is not binding in bankruptcy case.
Bankruptcy Mar. 11, 1999
Bankruptcy of Lapin
Sovereign Immunity rights prohibit award of sanctions against state tax board for violating discharge injunction.
Bankruptcy Mar. 11, 1999
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien.
Bankruptcy Mar. 11, 1999
Bankruptcy of Leibowitz
Reimbursement of Aid to Families with Dependent Children payments nondischargeable where debt is for debtor's children and payment is for support.
Bankruptcy Mar. 11, 1999
Bankruptcy of Artisan Woodworkers
Chapter 11 debtor liable for postpetition, preconfirmation interest and penalties on nondischarged claim paid under plan.
Bankruptcy Mar. 11, 1999
Bankruptcy of Pavelich
A bankruptcy court has jurisdiction to enforce a discharge notwithstanding a contrary state court judgment.
Bankruptcy Mar. 8, 1999
Bankruptcy of Fernandez
Case dismissal for failure to file plan and dismissal of adversary proceeding for failure to state a claim is appropriate.
Bankruptcy Mar. 4, 1999
Bankruptcy of Weinstein
Chapter 11 debtor can modify home mortgage; creditor elects treatement under 11 U.S.C. Section 111(b)(2).
Bankruptcy Mar. 4, 1999
Bankruptcy of Toplitzky
Creditor can not retain otherwise avoidable judicial lien by paying debtor amount of claimed exemption.
Bankruptcy Mar. 4, 1999
Bankruptcy of Sarbaz
Determination of "willful and malicious" dischargeabilty standard is vacated in light of U.S Supreme Court decision.
Bankruptcy Mar. 4, 1999
Bankruptcy of Carlos
Law firm using non-attorney to negotiate reaffirmation agreement engages in unauthorized practice of law.
Bankruptcy Mar. 4, 1999
Bankruptcy of Irvine-Pacific Commercial Insurance Brokers Inc.
Attorney fees portion of prepetition state court judgment claim isn't impermissible damages award.
Bankruptcy Mar. 4, 1999
Bankruptcy of Steward
Debtor can claim state law homestead exemption although divorced spouse claims federal exemption in own case.
Bankruptcy Mar. 4, 1999
Bankruptcy of Heddings Lumber & Building Supply Inc.
Fraudulent transfer claim invalid where the debtor has no interest in the assets transferred.
Bankruptcy Mar. 4, 1999