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Little v. Reaves (In re Reaves)
Denial of exemption in state court does not prevent debtor from seeking exemption in bankruptcy court.
Bankruptcy Apr. 15, 2002
In re Hanson
Debtor's aggregate unsecured debt exceeds statutory limitations and is ineligible for Chapter 13 relief.
Bankruptcy Apr. 12, 2002
Ho v. Dowell (In re Ho)
Debtor's unsecured liquidated debts do not exceed statutory limit.
Bankruptcy Apr. 8, 2002
Villanueva v. Dowell (In re Villanueva)
Proposal for 36-month plan, where debtor had initially proposed 60 months, does not violate good faith requirement.
Bankruptcy Apr. 8, 2002
Bankruptcy Receivables Management v. Lopez (In re Lopez)
Post-discharge agreement to pay for debt is unenforceable because it was not approved by court.
Bankruptcy Apr. 8, 2002
Bank One Colorado, N.A. v. Steffens (In re Steffens)
Secured creditor is entitled to relief from stay when debtor had little equity in property that was unnecessary for reorganization.
Bankruptcy Apr. 8, 2002
Catalano v. IRS
Order granting relief from automatic stay does not constitute 'de facto' abandonment of property under bankruptcy law.
Bankruptcy Apr. 5, 2002
Yadidi v. Herzlich (In re Yadidi)
Denial of discharge under 11 U.S.C. Section 105 is erroneous and Federal Rule of Civil Procedure 15(b) applies to fill gaps in complaint.
Bankruptcy Apr. 1, 2002
Poonja v. Alleghany Properties (In re Los Gatos Lodge Inc.)
Bankruptcy trustee cannot surcharge creditor for expenses when secured claim is disallowed.
Bankruptcy Mar. 25, 2002
Young v. United States
Bankruptcy Code's 'lookback' period is tolled during pendency of prior bankruptcy petition.
Bankruptcy Mar. 13, 2002
In re Fager
Negligence claim for property damage is not exemption under bankruptcy statute.
Bankruptcy Mar. 13, 2002
Golden v. Chicago Title Insurance Co. (In re Choo)
Trustee may not surcharge sale of property that did not benefit secured creditor.
Bankruptcy Mar. 11, 2002
Ross v. Universal Studios Credit Union
Malicious prosecution action filed in state court for events taking place within bankruptcy court proceedings are pre-empted by federal law.
Bankruptcy Mar. 8, 2002
Walls v. Wells Fargo Bank
Chapter 7 debtor has no private right of action against creditor who violates discharge injunction.
Bankruptcy Feb. 22, 2002
Morgan-Busby v. Gladstone
Granting injunction preventing defendants from transferring stock and interfering with trustee's investigation, even though trustee failed to timely object, was proper.
Bankruptcy Feb. 21, 2002
In re Etalco (Etalco v. AMK Industries, Inc.)
Claim for breach of postpetition contract improperly filed in Washington due to lack of 'minimum contacts'.
Bankruptcy Feb. 19, 2002
In re Murphy
Chapter 7 trustee is not entitled to fees in converted Chapter 13 case.
Bankruptcy Feb. 5, 2002
DeRoche v. Arizona Industrial Welfare Commission (In re DeRoche)
Date of worker's injury determines whether employer's liability for not carrying workers' compensation insurance is discharged in bankruptcy.
Bankruptcy Jan. 23, 2002
Circle K Corp. v. Houlihan et al. (In re Circle K Corp.)
Attorneys hired for bankruptcy case must indicate on retention application that fees will be pre-approved.
Bankruptcy Jan. 22, 2002
Allen v. Allen
Automatic stay from Chapter 13 filing is proper to ensure commencement or continuance of action arising from spousal support obligation.
Bankruptcy Jan. 21, 2002
In re Aipung Huang
Settlememt agreement's failure to mention fraud defeats collateral estoppel claim to prevent dischargeability.
Bankruptcy Jan. 21, 2002
Midkiff v. Dunivent (In re Midkiff)
Trustee is entitled to collect and disburse Debtors' 2000 tax refund.
Bankruptcy Jan. 15, 2002
Cobb v. Lewis (In re Lewis)
Bankruptcy court erred when it found that it was collaterally estopped by state bar proceeding from reconsidering attorney's misrepresentation.
Bankruptcy Jan. 15, 2002
Hill v. Kinzler
Court did not determine if creditors are similarly situated and erred in employing the tracing fiction of lowest intermediate balance rule.
Bankruptcy Jan. 9, 2002
Zubrod v. Duncan (In re Duncan)
Trustee is required to turn over $10,000 to debtor under homestead exemption despite fraudulent property transfer judgment.
Bankruptcy Jan. 9, 2002
Baroway & Dawson v. Euell (In re Euell)
Third party law firm seeking legal fees as nondischargeable debt does not have standing to assert claim.
Bankruptcy Jan. 9, 2002
Labib-Kiyarash v. McDonald (In re Labib-Kiyarash)
Bankruptcy court errs in holding that plan unfairly discriminated against other unsecured creditors without first applying applicable test to determine unfair discrimination.
Bankruptcy Jan. 7, 2002
Stephens v. Bigelow (In re Bigelow)
Default judgment does not support 'actually litigated' requirement to apply issue preclusion.
Bankruptcy Jan. 7, 2002
Aetna U.S. Healthcare Inc. v. Madigan (In re Madigan)
Debtor's right to postpetition disability benefits didn't arise from same transaction as first disability claim, thus recoupment wasn't available to creditor.
Bankruptcy Jan. 7, 2002
In re Schmitz (Sliney v. Battley)
Fisherman's quota certificates are not part of bankruptcy estate since regulations authorizing certificates were not passed on the day of filing.
Bankruptcy Jan. 7, 2002