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Ransom v. MBNA America Bank (In re Ransom)
For Chapter 13 plan, debtor must have loan or lease payments on vehicle to claim vehicle ownership deduction.
Bankruptcy Aug. 17, 2009
Egebjerg v. Anderson (In re Egebjerg)
Repayment of loan from retirement plan cannot be deducted from calculation of debtor's monthly income for Chapter 7 bankruptcy purposes.
Bankruptcy Aug. 5, 2009
U.S. v. Buenting (In re Crystal Cascades Civil LLC)
'Ordinary prudent person' standard governs 'reasonable search' for federal tax lien by subsequent bonafide purchaser.
Bankruptcy Jul. 8, 2009
International Association of Firefighters, Local 1186 v. City of Vallejo (In re City of Vallejo)
Bankruptcy court properly finds that city is insolvent after rejection of unions' counteroffer where proposed amount would not provide long-term relief.
Bankruptcy Jul. 1, 2009
Batlan v. Bledsoe (In re Bledsoe)
Trustee seeking to avoid transfers made pursuant to dissolution judgment under fraudulent transfer claim must prove extrinsic fraud.
Bankruptcy Jun. 29, 2009
Cunning v. Rucker (In re Rucker)
Retirement plans not exempt from creditors where totality of circumstances review showed that plans were primarily used to shield assets.
Bankruptcy Jun. 29, 2009
SNTL Corp. v. Centre Insurance Co. (In re STNL Corp.)
Prepetition release of debt is revived postpetition where creditor returned money as preferential transfer per final court order.
Bankruptcy Jun. 25, 2009
Wirum v. Warren (In re Warren)
Bankruptcy court may waive 45-day deadline to file requisite financial information after deadline date has passed.
Bankruptcy Jun. 19, 2009
Kronemyer v. American Contractors Indemnity Co. (In re Kronemyer)
Surety with contingent claim against debtor is creditor with standing to file motion seeking relief from automatic stay.
Bankruptcy Jun. 15, 2009
Egebjerg v, Anderson (In re Egebjerg)
Repayment of loan from retirement plan cannot be deducted from calculation of debtor's monthly income for Chapter 7 bankruptcy purposes.
Bankruptcy May 31, 2009
Consolidated Freightways Corp. of Delaware v. Aetna Inc. (In re Consolidated Freightways Corp. of Delaware)
Bankruptcy court errs in determining that employees who did not render services within 180-day period are entitled to priority claim.
Bankruptcy May 6, 2009
California Self-Insurers' Security Fund v. Lorber Industries of California (In re Lorber Industries of California)
State's claim for reimbursement from defaulting self-insurer for payments made to claimants does not qualify as excise tax.
Bankruptcy May 4, 2009
Boyajian v. New Falls Corp. (In re Boyajian)
11 U.S.C. Section 523(a)(2)(B) allows lease assignee to pursue exception to discharge based on assignor's reliance on debtor's false written financial statement.
Bankruptcy May 3, 2009
Price v. Lehtinen (In re Lehtinen)
Bankruptcy court has power to sanction attorney for 'bad faith conduct' involving lies to client about dismissal of case.
Bankruptcy Apr. 28, 2009
Educational Credit Management Corp. v. Coleman (In re Coleman)
Petition for discharge of student loan for undue hardship deemed ripe substantially in advance of Chapter 13 plan completion.
Bankruptcy Mar. 26, 2009
Griffin v. Wardrobe (In re Wardrobe)
Court exceeds bankruptcy court's order granting relief from automatic stay by allowing amendment to state claim.
Bankruptcy Mar. 17, 2009
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Opinion corrected to indicate that involuntary petition sought relief pursuant to Chapter 11 not Chapter 7.
Bankruptcy Mar. 12, 2009
United States v. Gould (In re Gould)
Bankruptcy court improperly denies IRS relief from stay to set off pre-petition tax payments against debtor's liabilities under 26 U.S.C. Section 553.
Bankruptcy Feb. 26, 2009
Simpson v. Burkart (Simpson)
Under California law, single-premium annuity does not qualify as life insurance for purposes of federal bankruptcy law.
Bankruptcy Feb. 25, 2009
McKay v. Ingleson
Former student's financial arrangement with university was deemed non-dischargeable under Bankruptcy Code.
Bankruptcy Feb. 24, 2009
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Bankruptcy court abuses discretion by ignoring waiver issue prior to awarding fees and costs.
Bankruptcy Feb. 11, 2009
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Arizona disclaimer is not 'transfer of interest of debtor in property' for purposes of avoidance under 11 U.S.C. Section 548.
Bankruptcy Feb. 9, 2009
Suarez v. Barrett (In re Suarez)
Attorney fees and costs are nondischargeable despite lack of compensatory judgment debt when awarded for debtor's willful and malicious conduct.
Bankruptcy Feb. 6, 2009
Brooks-Hamilton v. Smyth (In re Brooks-Hamilton)
Bankruptcy court abuses discretion by imposing suspension sanction against attorney without consideration of ABA standards.
Bankruptcy Feb. 4, 2009
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings.
Bankruptcy Feb. 2, 2009
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings.
Bankruptcy Jan. 27, 2009
Blausey v. U.S. Trustee
Disability payments from private insurer are included in calculation of Current Monthly Income for Chapter 7 bankruptcy proceedings.
Bankruptcy Jan. 25, 2009
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7.
Bankruptcy Jan. 15, 2009
B-Real v. Chaussee (In re Chaussee)
Bankruptcy Code preempts debtor's complaint alleging claimant violated fair debt collection laws by filing two proofs of claim.
Bankruptcy Jan. 11, 2009
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7.
Bankruptcy Jan. 5, 2009