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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings.
Bankruptcy Jan. 2, 2009
Cutter v. Seror (In re Cutter)
Court properly holds trust properties to be property of bankruptcy estate.
Bankruptcy Dec. 17, 2008
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition.
Bankruptcy Dec. 16, 2008
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims.
Bankruptcy Dec. 11, 2008
Busseto Foods Inc. v. Laizure (In re Laizure)
Creditor maintains claim against debtor where trustee required creditor to return payment from debtor made within 90-day preference period.
Bankruptcy Nov. 18, 2008
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition.
Bankruptcy Nov. 6, 2008
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper.
Bankruptcy Oct. 27, 2008
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims.
Bankruptcy Oct. 3, 2008
Rosson v. Fitzgerald (In re Rosson)
Bad-faith finding is proper where debtor defied bankruptcy court's order to deposit funds with Chapter 13 trustee.
Bankruptcy Sep. 25, 2008
Barboza v. New Form Inc. (In re Barboza)
Bankruptcy court judgment against debtors is reversed where there is question of material fact as to whether copyright infringement was willful.
Bankruptcy Sep. 24, 2008
Burkart v. Coleman (In re Tippett)
California's bona fide purchaser statute is not preempted by Bankruptcy Code where residence in bankruptcy estate is sold to good faith buyer.
Bankruptcy Sep. 5, 2008
Federal Deposit Insurance Corp. v. Kipperman (In re Commercial Money Center Inc.)
Trustee may avoid transfer of debtor's property where investor did not perfect its security interests in lease payments and surety bonds.
Bankruptcy Aug. 25, 2008
McDonald v. Checks-N-Advance Inc. (In re Ferrel)
Statutory damages are not available for violations of Truth in Lending Act's disclosure requirements.
Bankruptcy Aug. 25, 2008
Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)
Debtor who fails to raise defense of settlement and release while appeal is pending forfeits that defense in later proceeding.
Bankruptcy Aug. 22, 2008