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Barclay v. Swiss Finance Corp. Limited (In re Midland Euro Exchange Inc.)
Presumption against extraterritoriality bars application of 11 U.S.C. Section 548 to foreign transfer.
Bankruptcy Dec. 13, 2006
Racusin v. American Wagering Inc. (In re American Wagering Inc.)
Claim against debtor in form of money judgment is regarded as debt of creditor, not as suit by shareholder subject to subordination.
Bankruptcy Dec. 7, 2006
Educational Credit Management Corp. v. Mason (In re Mason)
Debtor has not shown good faith efforts to repay student loans for discharge purposes.
Bankruptcy Dec. 5, 2006
Ohio University v. Hawkins (In re Hawkins)
Debt from judgment against debtor for breach of contract did not meet criteria for loan or educational benefit that are excluded from discharge.
Bankruptcy Dec. 4, 2006
Ford v. Konnoff (In re Konnoff)
Order overruling trustee's objection to exemptions claimed by debtors is not proper under Arizona law.
Bankruptcy Dec. 1, 2006
McDonald v. Checks-N-Advance Inc. (In re Ferrell)
Trustee failed to establish right to damages or attorney fees based on violations of Truth in Lending Act.
Bankruptcy Nov. 16, 2006
Dye v. Brown (In re AFI Holding Inc.)
Trustee who is not disinterested due to material conflict of interest may be properly removed for cause.
Bankruptcy Nov. 16, 2006
Hebbring v. U.S. Trustee
Bankruptcy courts have discretion to determine whether voluntary retirement contributions are reasonably necessary expense for debtor based on particular facts of case.
Bankruptcy Nov. 8, 2006
Universal Service Administrative Co. v. Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp. (In re Incomnet Inc.)
Universal Service Administrative Co., operating under regulations promulgated by FCC, is transferee under 'dominion test' for bankruptcy purposes.
Bankruptcy Nov. 8, 2006
NetBank FSB v. Kipperman (Commercial Money Center Inc.)
Underlying equipment leases are chattel paper but payment streams stripped from leases are payment intangibles.
Bankruptcy Nov. 6, 2006
Frazier Nuts Inc. v. American Ag Credit
Unpaid almond growers' claims to proceeds generated by bankrupt processor's sale of almonds have priority over secured lender's security interest.
Bankruptcy Oct. 26, 2006
City & County of San Francisco v. PG&E Corp.
Government action seeking restitution pursuant to Unfair Practices Act constitutes police and regulatary power action that cannot be removed to bankruptcy court.
Bankruptcy Oct. 23, 2006
First Avenue West Building v. James (In re OneCast Media Inc.)
Bankruptcy trustee's rejection of lease does not bar action to recover balance of security deposit.
Bankruptcy Oct. 22, 2006
Cogliano v. Anderson (In re Cogliano)
If determination whether property is part of bankruptcy estate is made by motion, it cannot have claim preclusive effect.
Bankruptcy Oct. 19, 2006
T & D Moravits & Co. v. Munton (In re Munton)
Default judgment finding violation of Texas Construction Trust Fund Statute was entitled to collateral estoppel effect in nondischargeability action.
Bankruptcy Oct. 19, 2006
Concannon v. Imperial Capital Bank (In re Concannon)
Bankruptcy Code Section 506(d) could not be used by Chapter 7 debtor to strip off wholly unsecured noncensual lien.
Bankruptcy Oct. 18, 2006
Smith v. Lachter (In re Smith)
Renewal of judgment filed eight months past deadline is untimely because time for renewal was not extended.
Bankruptcy Oct. 18, 2006
Albarran v. New Form Inc. (In re Albarran)
Award for statutory damages for willful copyright infringement is debt for categorically harmful activity that is not dischargeable.
Bankruptcy Sep. 26, 2006
Tevis v. Wilke, Fleury, Hoffelt, Gould & Birney LLP (In re Tevis)
Bankruptcy court's finding with regard to law firm's right to compensation is not proper where firm failed to show its disinterestedness.
Bankruptcy Sep. 26, 2006
Busseto Foods Inc. v. Laizure (In re Laizure)
Party seeking determination of nondischargeability was not entitled to reinstatement of his claim against debtor.
Bankruptcy Sep. 17, 2006
United Student Funds Inc. v. Wylie (In re Wylie)
In case involving proof of claim based on student loan, motion for reconsideration of order sustaining objection is properly denied.
Bankruptcy Sep. 17, 2006
Litton Loan Servicing v. Garvida (In re Garvida)
Federal Rules of Bankruptcy create evidentiary presumption of validity for creditors claim, but if debtor rebuts it, creditor has burden to prove amount.
Bankruptcy Aug. 24, 2006
Educational Credit Management Corp. v. Nys (In re Nys)
To be eligible for discharge of student loans, debtor must prove that present inability to repay will likely persist.
Bankruptcy Aug. 9, 2006
ZiLOG Inc. v. Corning (In re ZiLOG Inc.)
Sex discrimination claims filed after bankruptcy court's confirmation order may proceed when there is substantial possibility that claims are outside bankruptcy process.
Bankruptcy Aug. 7, 2006
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Beneficiary's disclaimer of interests in trust was not fraudulent transfer of property under state law.
Bankruptcy Aug. 4, 2006
Johnson v. TRE Holdings (In re Johnson)
Bankruptcy court improperly declined to exercise jurisdiction over automatic stay dispute, thus foreclosure sale was void.
Bankruptcy Aug. 4, 2006
Sewell v. MGF Funding Inc. (In re Sewell)
No abuse of discretion for bankruptcy court to defer issuing automatic stay of proceedings until order is docketed, providing lender with notice.
Bankruptcy Jul. 14, 2006
Wall Street Plaza v. JSJF Corp. (In re JSJF Corp.)
Bankruptcy court erred where it based its ruling on mistaken legal premise and disallowed landlord's claim because it was not for rent.
Bankruptcy Jul. 12, 2006
Norfolk Southern Railway Co. v. Consolidated Freightways Corp. (In re Consolidated Freightways Corp.)
In federal bankruptcy proceeding involving transportation providers, interline trust doctrine is not recognized and cannot be applied in proceeding.
Bankruptcy Jun. 27, 2006
Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211
As creditor, plaintiff lacks standing to bring RICO claims on behalf of bankruptcy estate.
Bankruptcy Jun. 27, 2006