Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-1759
|
Bankruptcy of Metz
Retirement plan is not property of estate and is exempt from administration. |
Bankruptcy |
|
Mar. 19, 1999 | |
97-16012
|
Bankruptcy of Pena
Payment of student loan creates 'undue hardship' so that debt is not excepted from discharge. |
Bankruptcy |
|
Mar. 18, 1999 | |
96-14251
|
Bankruptcy of Banks
Claim for which state limitations period expired prepetition is valid where creditor took affirmative prepetition act. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-16062
|
Bankruptcy of Brown
Creditor is sanctioned for violating discharge injunction by seeking debt reaffirmation. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-1385
|
Bankruptcy of Taylor
No partial exception from discharge for student loans; undue hardship requires good faith effort to repay loan. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-1873
|
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 | |
96-55833
|
Bankruptcy of Mantle
All community property not divided by a state court prior to bankruptcy is estate property. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-35502
|
Bankruptcy of United Marine Shipbuilding, Inc.
Government setoff rights aren't waived by mistaken disbursement of tax to bankruptcy trustee. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1262
|
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury. |
Bankruptcy |
|
Mar. 12, 1999 | |
97-1923
|
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 | |
98-0189
|
Bankruptcy of Jackson
Failure to notify state tax board of federal tax reassessment is not 'failure to file' a return. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1970
|
Bankruptcy of Greene
Bankruptcy Rule 9006 extends 90-day preference period to 91 days where 90th day falls on Saturday. |
Bankruptcy |
|
Mar. 12, 1999 | |
97-1820
|
Bankruptcy of Agyekum
Unreasonable portion of bankruptcy petition preparer's fee must be disgorged. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1268
|
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 | |
97-1307
|
Bankruptcy of Bakersfield Westar Inc.
Prepetition revocation of corporation's "subchapter s" status may be avoidable fraudulent transfer. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-28129
|
Bankruptcy of Lopez
Redemption of consumer debt collateral requires motion, court approval and a single payment. |
Bankruptcy |
|
Mar. 11, 1999 | |
97-1857
|
Bankruptcy of Cole
Stipulated judgment declaring debt to be nondischargeable in case of bankruptcy is not binding in bankruptcy case. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-1033
|
Bankruptcy of Lapin
Sovereign Immunity rights prohibit award of sanctions against state tax board for violating discharge injunction. |
Bankruptcy |
|
Mar. 11, 1999 | |
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-1045
|
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 | |
97-1284
|
Bankruptcy of Artisan Woodworkers
Chapter 11 debtor liable for postpetition, preconfirmation interest and penalties on nondischarged claim paid under plan. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-1386
|
Bankruptcy of Pavelich
A bankruptcy court has jurisdiction to enforce a discharge notwithstanding a contrary state court judgment. |
Bankruptcy |
|
Mar. 8, 1999 | |
97-1628 and 97-1863
|
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 | |
96-2023
|
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 | |
97-1920
|
Bankruptcy of Toplitzky
Creditor can not retain otherwise avoidable judicial lien by paying debtor amount of claimed exemption. |
Bankruptcy |
|
Mar. 4, 1999 | |
97-1825
|
Bankruptcy of Sarbaz
Determination of "willful and malicious" dischargeabilty standard is vacated in light of U.S Supreme Court decision. |
Bankruptcy |
|
Mar. 4, 1999 | |
97-31026
|
Bankruptcy of Carlos
Law firm using non-attorney to negotiate reaffirmation agreement engages in unauthorized practice of law. |
Bankruptcy |
|
Mar. 4, 1999 | |
98-1223
|
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 | |
98-1136
|
Bankruptcy of Steward
Debtor can claim state law homestead exemption although divorced spouse claims federal exemption in own case. |
Bankruptcy |
|
Mar. 4, 1999 | |
98-1232
|
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 |