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Name Category Published
National Environmental Waste Corp. v. Stephens Berg & Lasaster
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate. 		Bankruptcy Jul. 27, 2000
Arrow Electronics Inc. v. Justus (In re Kaypro)
Credit manager's declaration that restructuring agreements are common industry practice raises triable issue as to disputed ordinary course of business exception. 		Bankruptcy Jul. 24, 2000
Betacom of Phoenix Inc. v. Nugent
Court abuses discretion in denying extension for filing notice of appeal when based on stringent 'special circumstances' standard. 		Bankruptcy Jul. 19, 2000
Pham v. AT&T Universal Card Service Inc. (In re Pham)
Court has discretion of assignment when creditors fail to detail breakdown of attorney fees between contract and nondischargeability issues. 		Bankruptcy Jul. 19, 2000
Drummond v. Cavanagh (In re Cavanagh)
Fact that Debtor's charitable contribution is reasonably necessary for maintenance and support does not render Debtor's purpose for the contribution irrelevant. 		Bankruptcy Jul. 19, 2000
El Paso City of Texas v. America West Airlines Inc. (In re America West Airlines Inc.)
City's avoidable lien is not enforceable against a bona fide purchaser who existed at time debtor's case began. 		Bankruptcy Jul. 19, 2000
Compton Impressions Ltd. v. Queen City Bank
Debtor is not entitled to surcharge bank for expenses incurred in completing real estate project after defaulting on loans. 		Bankruptcy Jul. 19, 2000
Paine v. Dickey (In re Paine)
Debtor has no standing to appeal reopening of case. 		Bankruptcy Jul. 19, 2000
In re Petit
Funds in court's registry are not property of bankruptcy estate and thus not subject to automatic stay. 		Bankruptcy Jul. 17, 2000
Raleigh v. State of Illinois (In re Stoecker)
Bankruptcy trustee objecting to tax claim has burden of proof under state's tax laws. 		Bankruptcy Jul. 6, 2000
In re Feiler
Trustee may avoid tax election as fraudulent transfer. 		Bankruptcy Jul. 5, 2000
Gardenhire v. IRS (In re Gardenhire)
Equitable tolling does not apply to 180-day period for government to file proof of claim against taxpayer in bankruptcy case. 		Bankruptcy Jun. 29, 2000
Tighe v. Celebrity Home Entertainment Inc. (In Re Celebrity Home Entertainment Inc.)
Disbursements used to calculate quarterly trustee fees payable by Chapter 11 debtor includes postconfirmation payments to creditors. 		Bankruptcy Jun. 29, 2000
Cool Fuel Inc. v. California Board of Equalization (In re Cool Fuel Inc.)
Tax claim is not barred where proof of claim is filed before final tax determination and limitations period begins to run. 		Bankruptcy Jun. 29, 2000
Mitchell v. FTB (In re Mitchell)
Bankruptcy Code Section 106(a), which abrogates state sovereign immunity in proceedings to discharge tax liability, is unconstitutional. 		Bankruptcy Jun. 29, 2000
Ferrari of North America Inc. v. Sims (In re R.B.B. Inc.)
Sale of debtor's franchise cannot occur when order approving transaction is ambiguous as to specific entity that will take assignment and fund purchase. 		Bankruptcy Jun. 29, 2000
Meronk v. Arter & Hadden
Surplus in bankrupt estate doesn't justify bonus to law firm that shortchanged itself by charging hourly instead of contingent fee. 		Bankruptcy Jun. 21, 2000
Jewell v. Beeler (In re Stanton)
Trustee is not entitled to determination that lien securing postpetition advances is invalid or can be avoided. 		Bankruptcy Jun. 21, 2000
Capobianco v. Trew (In re Capobianco)
Substitution of real party in interest did not abridge debtor's substantive right to discharge. 		Bankruptcy Jun. 19, 2000
Preblich v. Battley
To challenge the denial of an exemption claim, a debtor must file an appeal within 10 days of the order denying the claim. 		Bankruptcy Jun. 19, 2000
Bankruptcy Recovery Network v. Brown (In re Brown)
Order sanctioning secured creditor for violating a debtor's discharge injunction through postdischarge reaffirmation efforts is premature. 		Bankruptcy Jun. 19, 2000
Bankruptcy of Lowenschuss
Pension plan is not ERISA-qualified and part of the bankruptcy estate pursuant to Nevada law. 		Bankruptcy Jun. 15, 2000
Elias v. U.S. Trustee (In re Elias)
Bankruptcy court doesn't abuse its discretion in declining to reopen to set aside an appointment order and to consider attorney's fees. 		Bankruptcy Jun. 15, 2000
Hostmann v. Capital Consultants Inc.
Secured party's interest in collateral continues after unauthorized transfer, but may be terminated by satisfaction of debt or consensual transfer by debtor. 		Bankruptcy Jun. 15, 2000
Beam v. IRS (In re Beam)
A trustee must honor an IRS notice of levy on funds deposited by debtors into an unconfirmed Chapter 13 plan. 		Bankruptcy Jun. 15, 2000
Hartford Underwriters Ins. Co. v. Union Planters Bank
Administrative claimant does not have independent right to seek payment from property encumbered by secured creditor's lien. 		Bankruptcy Jun. 14, 2000
Lares v. West One Bank (In re Lares)
Proceeds from sale of debtor's home aren't protected from lender's setoff based on personal guarantee by statute exempting them from attachment, execution, or forced sale. 		Bankruptcy Jun. 14, 2000
Bankruptcy of Lowenschuss
Plan confirmation order is vacated based on error in determining that pension plan was not part of bankruptcy estate. 		Bankruptcy Jun. 14, 2000
Investment Materials Corporation v. First Interstate Bank of Nevada (In re Nevada Equipment Wholesalers Inc.)
Plaintiff is entitled, and has sole claim, to proceeds held in trust account resulting from sale of specific inventory. 		Bankruptcy Jun. 14, 2000
Bebensee-Wong v. Federal National Mortgage Ass'n
Relief from automatic stay appropriate when trustee's deed recorded within grace period provided by California Civil Code Section 2924h(c). 		Bankruptcy Jun. 13, 2000
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