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Name Category Published
Sanchez v. Weiss Inc. (In re Sanchez )
Written notice disputing validity of debt is not required under Fair Debt Collection Practices Act. 		Bankruptcy Dec. 27, 2001
In re Western Pacific Airlines Inc.
Planes rented by airline that petitioned for bankruptcy cannot be seized to pay outstanding taxes. 		Bankruptcy Dec. 18, 2001
Beal Bank v. Crystal Properties (In re Crystal Properties)
Default interest rates will not apply until debtor is affirmatively put on notice that option to accelerate will be exercised. 		Bankruptcy Dec. 6, 2001
Spieker Properties LP v. SPEC Liquidating Trust (In re Southern Pacific Funding Corp.)
Bankruptcy reorganization plan requiring payment of 'double dividend' to senior creditors is lawful. 		Bankruptcy Dec. 6, 2001
In re: Integra Realty Resources, Inc.
Non-settling defendants lacked standing where they failed to intervene in action and did not suffer legal prejudice as result of settlement. 		Bankruptcy Nov. 19, 2001
Federal Deposit Insurance Corp. v. County of Orange (In re County of Orange)
As receiver, Federal Deposit Insurance Corporation is liable to county for pre-receivership real property tax delinquent penalties. 		Bankruptcy Nov. 18, 2001
Liberty Tools Manufacturing v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Objective test should be employed when determining if dispute is bona fide for purposes of filing involuntary bankruptcy. 		Bankruptcy Nov. 18, 2001
Einstein/Noah Bagel Corp. v. Smith (In re BCE West)
Debtor-lessors are not required to pay relocation expenses of sublease tenant. 		Bankruptcy Nov. 13, 2001
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes. 		Bankruptcy Nov. 13, 2001
Security Farms v. General Teamsters (In re General Teamsters, Warehousemen and Helpers Union, Local 890)
International parent union does not have equity interest in local union's bankruptcy liquidation. 		Bankruptcy Nov. 13, 2001
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers. 		Bankruptcy Nov. 13, 2001
Carter-Waters Oklahoma, Inc. v. Bank One Trust Co. (In re Eufaula Industrial Authority)
Claim of subordination is properly denied where there is no showing of inequitable conduct by construction bond holder. 		Bankruptcy Nov. 12, 2001
In re Beaty (Selinger v. Beaty)
Laches may not serve as affirmative defense in dischargeability proceeding. 		Bankruptcy Nov. 11, 2001
Cantrell v. Cal-Micro Inc. (In re Cantrell)
Corporate officer assessed damages for breaching fiduciary duty is not barred from discharging damages in bankruptcy. 		Bankruptcy Nov. 11, 2001
Kir Temecula LP v. LPM Corp. (In re LPM Corp.)
Automatic stay in tenant's bankruptcy proceeding prevents landlord from enforcing writ of execution for back rent. 		Bankruptcy Nov. 11, 2001
Belli v. Temkin (In re Belli)
Because order granting partial summary judgment lacks Federal Rule of Civil Procedure 54(b) certification, bankruptcy appellate court lacks jurisdiction to hear appeal. 		Bankruptcy Nov. 4, 2001
Banks v. Gill Distribution Centers, Inc.(In re Banks)
Despite statute of limitations bar on state law claim of fraud, a bankruptcy court may still determine fraud issues in dischargeability hearing. 		Bankruptcy Oct. 30, 2001
In re Anthem Communities/RBG
Bank's motion for reconsideration is denied because, among other things, it failed to satisfy its initial burden for relief from stay. 		Bankruptcy Oct. 29, 2001
In re Hill
'However' clause does not apply to preclude debtor from showing that plan classification discriminated against creditors. 		Bankruptcy Oct. 21, 2001
Gschwend v. Markus (In re Markus)
Untimely bankruptcy claim may proceed because it 'relates back' to earlier complaint that was timely filed. 		Bankruptcy Oct. 21, 2001
Lieberman v. Hawkins (In re Lieberman)
Individual's arrangement to use specified assets for retirement purposes is not exempt as 'private retirement plan' under California statute. 		Bankruptcy Oct. 8, 2001
Franceschi v. State Bar Court (In re Franceschi)
State Bar is immune from suit in federal court, and court properly abstained from granting injunctive relief. 		Bankruptcy Oct. 7, 2001
Kieslich v. U.S. (In re Kieslich)
Because government failed to object before bankruptcy court to its retention of jurisdiction in debtor's suit, government waives that argument. 		Bankruptcy Oct. 4, 2001
Warfel v. City of Saratoga (In re Warfel)
Debtor's civil restitution judgment owed to city and imposed as condition of probation in criminal proceeding is nondischargeable. 		Bankruptcy Oct. 4, 2001
Culver LLC v. Chiu (In re Chiu)
Debtors had standing to avoid judgment lien and as lien impaired their homestead exemption, it could be avoided. 		Bankruptcy Sep. 23, 2001
Nahman v. Jacks (In re Jacks)
Whether debt is nondischargeable for fraud or defalcation or willful and malicious injury depends on whether corporation was insolvent. 		Bankruptcy Sep. 23, 2001
Chubb & Son Inc. v. Clark (In re. Clark)
Court errs in holding creditors' exemption motion untimely when, among other things, trustee announces continued meeting date within reasonable time. 		Bankruptcy Sep. 18, 2001
In re Martin J. Turner
Dischargeability of attorney fees is proper where creditor/former spouse fails to establish award was directly related to best interest of children. 		Bankruptcy Sep. 11, 2001
Debbie Reynolds Hotel & Casino Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino Inc.)
Bankruptcy Code limits standing to seek surcharge to trustee of estate and allows proceeds to be paid directly to party providing benefit. 		Bankruptcy Sep. 10, 2001
Pioneer Liquidating Corp. v. U.S. Trustee (In Re Consolidated Pioneer Mortgage Entities)
Corporation's failure to provide accounting to investors was prejudicial and warranted conversion from Chapter 11 to Chapter 7. 		Bankruptcy Sep. 9, 2001
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