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Reusser v. Wachovia Bank
'Rooker-Feldman' doctrine bars relitigation of debtor's civil rights claims constituting de facto appeal from state court decision leaving default judgment intact.
Bankruptcy May 12, 2008
Aalfs v. Wirum (In re Straightline Investments Inc.)
Postpetition transaction does not fall under 'ordinary course of business' exception and is deemed avoidable under 11 U.S.C. Section 549(a).
Bankruptcy May 12, 2008
Johnson v. Neilson (In re Slatkin)
Bankruptcy court properly admits debtor's plea agreement to conclusively establish he operated Ponzi scheme with actual intent to defraud creditors.
Bankruptcy May 7, 2008
Stasz v. Gonzalez (In re Stasz)
Upon trustee's motion, court's order of civil contempt against debtor, issued in contested matter within main bankruptcy case, is final, appealable order.
Bankruptcy Apr. 30, 2008
Drummond v. Wiegand (In re Wiegand)
Bankruptcy Code Section 1325(b)(2), not Form 22C, controls issue of whether self-employed debtor can deduct business expenses from gross receipts.
Bankruptcy Apr. 30, 2008
Findley v. State Bar of California (In re Findley)
Attorney discipline cost awards are compensatory in nature and thus not excepted from discharge.
Bankruptcy Apr. 30, 2008
Barclay v. Mackenzie (In re AFI Holding Inc.)
Good faith exception is not barred as matter of law because investor's right to rescission and restitution counted as 'reasonably equivalent value.'
Bankruptcy Apr. 17, 2008
Hickman v. Hana (In re Hickman)
Debtor's change of mind after invoking equitable bankruptcy jurisdiction does not constitute sufficient cause to dismiss case and exercise jury trial right.
Bankruptcy Apr. 8, 2008
Ghomeshi v. Sabban (In re Sabban)
Because disgorgement of compensation did not arise from debtor's fraudulent conduct, bankruptcy court correctly held that such award was dischargeable.
Bankruptcy Mar. 19, 2008
Hupp v. Education Credit Management Corp. (In re Hupp)
Statement of election to have appeal heard by district court rather than bankruptcy appellate panel is only effective if it is 'separate writing.'
Bankruptcy Mar. 7, 2008
Dumont v. Ford Motor Credit Co. (In re Dumont)
Bankruptcy Code amendments eliminate 'ride through' option, no longer allowing debtor to retain car after stay lifts without enforceable reaffirmation agreement.
Bankruptcy Feb. 26, 2008
Hupp v. Education Credit Management Corp. (In re Hupp)
Statement of election to have appeal heard by district court rather than bankruptcy appellate panel is only effective if it is 'separate writing.'
Bankruptcy Feb. 26, 2008
Fridley v. Forsythe (In re Fridley)
Chapter 13 plan may not be completed early so as to qualify for discharge by prepaying lump-sum without full payment of allowed claims.
Bankruptcy Jan. 9, 2008
Centre Insurance Co. v. SNTL Corp. (In re SNTL Corp.)
Unsecured creditor may revive debtor's previously released liability and include attorney fees incurred postpetition but arising from prepetition contract.
Bankruptcy Jan. 9, 2008
Ransom v. MBNA America Bank (In re Ransom)
Debtor may not deduct vehicle ownership expenses when calculating his disposable income if there are no liens or encumbrances on his vehicle.
Bankruptcy Jan. 9, 2008
Weinstein, Eisen & Weiss v. Gill (In re Cooper Commons)
Due to waiver contained in loan agreement between debtor and lender, debtor’s counsel is barred from asserting claim for payment against that collateral.
Bankruptcy Jan. 4, 2008
Ditto v. McCurdy
Doctor prevails in bankruptcy case where his malpractice debt does not fall within Bankruptcy Code's exception to discharge.
Bankruptcy Dec. 16, 2007
Khalil v. Developers Surety and Indemnity Co. (In re Khalil)
Evidence of reckless indifference to accuracy of bankruptcy schedules and statements of financial affairs may be probative of requisite intent to deceive.
Bankruptcy Dec. 11, 2007
North Sports Inc. v. Knupfer (In re Wind N' Wave)
Bankruptcy appellate panel improperly denies creditors compensation for services stemming from successful appeal of denial of fee award.
Bankruptcy Dec. 4, 2007
Rooz v. Kimmel (In re Kimmel)
Community property discharge in spouse’s bankruptcy case discharges community from then-existing community claims.
Bankruptcy Nov. 22, 2007
Pak v. eCast Settlement Corp. (In re Pak)
Bankruptcy court properly considers change in debtor's financial situation in declining to confirm amended Chapter 13 plan.
Bankruptcy Nov. 22, 2007
Lewis v. U.S. Dept. of Education (In re Lewis)
Amendment to law governing dischargeability of student loan debt in bankruptcy may be retroactively applied to debt incurred before law changed.
Bankruptcy Nov. 5, 2007
Margaret B. McGimsey Trust v. USA Capital Diversified Trust Deed Fund (In re USA Commercial Mortgage Co.)
Equity holder may properly assert proof of claim and proof of interest arising from single securities purchase.
Bankruptcy Nov. 4, 2007
North Sports Inc. v. Knupfer (In re Wind N' Wave)
Bankruptcy appellate panel improperly denies creditors compensation for services stemming from successful appeal of denial of fee award.
Bankruptcy Nov. 2, 2007
Ellett v. Stanislaus
Franchise Tax Board did not receive proper notice of debtor's bankruptcy proceeding where notice contained incorrect social security number of debtor.
Bankruptcy Oct. 29, 2007
Frazer v. Drummond (In re Frazer)
Debtors are entitled to cure default regarding their principal residence under Bankruptcy Code's specific cure provisions.
Bankruptcy Oct. 24, 2007
Iida v. Kitahara (In re Iida)
If foreign bankruptcy trustee is not seeking judicial assistance, he need not obtain court order before exercising control over foreign debtor’s Hawaii properties.
Bankruptcy Oct. 24, 2007
United States v. Carey (In re Wade Cook Financial Corp.)
IRS debt may be characterized as prepetition debt if tax refund is calculated postpetition but is generated by loss carryback based on losses incurred prepetition.
Bankruptcy Oct. 9, 2007
El Escorial Owners' Association v. DLC Plastering Inc.
In multi-party construction defect case, trial court may use 'rough categories' to initially determine good faith settlement allocations for various types of defects.
Bankruptcy Oct. 3, 2007
Suter v. Goedert
Court may not assume mootness in adjudicating motion to stay, which if decided on merits, would control mootness question.
Bankruptcy Oct. 1, 2007