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Sysco Food Services of Seattle Inc. v. Country Harvest Buffet Restaurants Inc. (In re Country Harvest Buffet Restaurants Inc.)
Debtor, as restaurant chain, is subject to provisions of Perishable Agricultural Commodities Act.
Bankruptcy Mar. 21, 2000
Vu v. Kendall (In re Vu)
Post-petition appreciation on debtors' residence is estate property without regardless of whether residence as of petition date.
Bankruptcy Mar. 21, 2000
AT&T Universal Card Services Corp. v. Pham (In re Pham)
State law determines whether creditor may recover attorney fees via contractual provision for successfully litigating nondischargeability action.
Bankruptcy Mar. 21, 2000
Baldwin v. Kilpatrick (In re Baldwin)
Default judgment against debtor for assault and battery is nondischargeable debt under Bankruptcy Code Section 523(a)(6).
Bankruptcy Mar. 6, 2000
Avalanche Maritime Ltd. v. Parekh (In re Parmetex Inc.)
Under pre-1994 Bankruptcy Code, statute of limitations for avoidance actions begins to run from date of interim trustee's appointment, not date of permanent trustee's qualification.
Bankruptcy Mar. 3, 2000
Mora v. Vasquez (In re Mora)
Placing cashier's check in mail does not constitute 'delivery' for purposes of avoiding postpetition transfer.
Bankruptcy Mar. 3, 2000
BFOW Inc. v. Hurt (In re Hurt)
Even though bankruptcy court could have adopted lesser sanction, it isn't an abuse of discretion to impose harsher one.
Bankruptcy Feb. 29, 2000
Towers v. Boyd (In re Boyd)
Actual notice of trustee's intent to file objection to debtor's claim exemption isn't sufficient to comply with strict time requirements.
Bankruptcy Feb. 29, 2000
Aerocon Engineering Inc. v. Silicon Valley Bank (In re World Auxiliary Power Company)
Secured creditor may perfect security interest in unregistered copyright in accordance with state law by filing UCC-1 financing statement.
Bankruptcy Feb. 29, 2000
In re Enriquez
11 U.S.C. Section 1322 prohibits stripping off wholly unsecured consensual lien on property that is debtor's principal residence.
Bankruptcy Feb. 29, 2000
Levernier v. Student Loan Marketing Association (In re Levernier)
Loan to consolidate student loan debt falls within scope of 11 U.S.C. Section 523(a)(8).
Bankruptcy Feb. 29, 2000
Nahman v. Jacks (In e Jacks)
Where debtor's wrongful conduct makes corporation insolvent, corporate creditor has not claim for defalcation by a fiduciary.
Bankruptcy Feb. 29, 2000
Wright v. United States (In re Wright)
Debtor's tax penalties are dischargeable, but the principal and interest portions on his tax obligations were not.
Bankruptcy Feb. 29, 2000
Dorame v. Han (In re Park)
Post-judgment order on cost or fees doesn't affect finality of a judgment, which attaches when judgment is entered.
Bankruptcy Feb. 29, 2000
Prater v. Flinn (In re Prater)
Debtor's income was insufficient for him to be classified as a farmer under bankruptcy code.
Bankruptcy Feb. 29, 2000
Dill v. The Southland Corp. (In re LMS Holding Co.)
Order
Bankruptcy Feb. 24, 2000
Bossert v. United States of America, IRS (In re Rudy Bossert)
Post-petition interest on nondischargeable tax debt is also nondischargeable.
Bankruptcy Feb. 24, 2000
Harmon v. Kobrin
State court default judgment, which is based on alternative grounds, is entitled to preclusive effect in dischargeability proceedings.
Bankruptcy Feb. 17, 2000
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors.
Bankruptcy Feb. 14, 2000
Salim Investments Ltd. v. Benton (In re CSI Enterprises Inc.)
Order
Bankruptcy Feb. 9, 2000
Petralia v. Jercich (In re Jercich)
Claim for tortious breach of implied contractual covenant of good faith and fair dealing is dischargeable under 11 U.S.C. Section 523(a)(6).
Bankruptcy Feb. 9, 2000
Goldberg v. Ellett (In re Ellett)
Bankruptcy court has jurisdiction over debtor's action to enjoin post-discharge collection efforts by state taxing agency.
Bankruptcy Feb. 9, 2000
Bankruptcy of Haines
Community property debts arising out of prior marriage of debtor are nondischargeable.
Bankruptcy Feb. 8, 2000
Bankruptcy of Barrack
Abuse of process and fraudulent promise allegations are sufficient to avoid dismissal of nondischargeability claim.
Bankruptcy Feb. 8, 2000
Patterson v. Spears (In re Denton)
Order
Bankruptcy Feb. 8, 2000
Bankruptcy of Colortran Inc.
Corporation cannot recover sanctions as an 'individual' for automatic stay violation.
Bankruptcy Feb. 7, 2000
U.S. Trustee v. Garvey, Schubert & Baker (In re Century Cleaning Services Inc.)
A Chapter 7 debtor's attorney may receive professional fees from the bankruptcy estate for postpetition services.
Bankruptcy Feb. 4, 2000
Del Bino v. Bailey (In re Bailey)
Where creditor did not have valid lien in settlement proceeds, debtor's use of the proceeds for his own purposes didn't constitute conversion.
Bankruptcy Feb. 4, 2000
The Office of Statewide Health Planning and Development v. Musick, Peeler & Garret
Special representative has standing to prosecute legal malpractice claim on behalf of bankruptcy estate.
Bankruptcy Jan. 28, 2000
The Office of Statewide Health Planning and Development v. Musick, Peeler & Garret
Special representative has standing to prosecute legal malpractice claim on behalf of bankruptcy estate.
Bankruptcy Jan. 28, 2000