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Name Category Published
Voelkel v. Naylor (In re Voelkel)
Presumption in favor of debtor's right to bankruptcy relief prevents dismissal for substantial abuse unless court explains evidence of abuse. 		Bankruptcy May 3, 2005
Darby v. Zimmerman (In re Popp)
Bankruptcy court erred in permitting parallel and piecemeal proceedings to continue without resolution of adversary proceeding. 		Bankruptcy Apr. 27, 2005
Gonzalez v. Davis (In re Davis)
Trustee met burden of proving debtor's exemption in retirement account was not properly claimed. 		Bankruptcy Apr. 27, 2005
Williams v. Levi (In re: Williams)
Court may retroactively annul automatic stay in previous bankruptcy case after creditor foreclosed without obtaining relief from stay. 		Bankruptcy Apr. 27, 2005
Jorgenson v. State Line Hotel Inc. (In re State Line Hotel Inc.)
As debtor noticed claimant of its objection as she expressly directed, its service complied with bankruptcy procedural rules. 		Bankruptcy Apr. 27, 2005
Estate of Dean Short v. Payne (In re Payne)
Primary purpose of annuity must be considered in determining whether it is exempt life insurance. 		Bankruptcy Apr. 27, 2005
Rousey v. Jacoway
Debtors can exempt assets in their Individual Retirement Accounts from bankruptcy estate. 		Bankruptcy Apr. 12, 2005
Wiersma v. O.H. Kruse Grain and Milling (In re Wiersma)
Debtor cannot force bank to accept lien on replacement cows as substitute for interest in cash settlement. 		Bankruptcy Mar. 16, 2005
Kipperman v. Circle Trust F.B.O. (In re Grafton Partners LP)
Money received by investor before bankruptcy was not settlement payment that was immune from recovery by trustee. 		Bankruptcy Mar. 16, 2005
Milgard Tempering Inc. v. Darosa (In re Darosa)
Court need not apportion statutory lien liability when calculating whether creditor's judicial lien impaired exemptions. 		Bankruptcy Mar. 10, 2005
Moldo v. Charnock (In re Charnock)
Senior judicial lien is avoidable in bankruptcy even though junior consensual lien remains. 		Bankruptcy Mar. 9, 2005
Pacific Shores Development LLC v. At Home Corp. (In re At Home Corp.)
Bankruptcy court has discretion to grant motion to reject nonresidential lease retroactively. 		Bankruptcy Feb. 11, 2005
Education Credit Management Corp. v. Howe (In re Howe)
Bankruptcy court erred by failing to conduct individualized analysis into whether debtor can repay student loans. 		Bankruptcy Feb. 10, 2005
Sticka v. Casserino (In re Casserino)
Debtor's security deposit and prepaid rent are included in homestead exemption under Oregon law. 		Bankruptcy Feb. 7, 2005
Miller Avenue Professional and Promotional Services Inc. v. Brady (In re Enterprise Acquisition Partners)
Insider's solely owned corporation is not a per se insider. 		Bankruptcy Jan. 24, 2005
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case. 		Bankruptcy Jan. 11, 2005
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case. 		Bankruptcy Jan. 10, 2005
Tennant v. Rojas (In re Tennant)
Dismissal of Chapter 13 petition without further notice and hearing is appropriate when case involves very narrow procedural aspects. 		Bankruptcy Dec. 29, 2004
George v. City of Morro Bay (In re George)
Bankruptcy petitioner's newfound attempt to retain lease is barred by doctrine of claim preclusion. 		Bankruptcy Dec. 29, 2004
Gilliam v. Speier (In re KRSM Properties LLC)
Bankruptcy court can order IRS to return limited liability company funds used by owners to pay their tax obligations. 		Bankruptcy Dec. 29, 2004
Focus Media Inc. v. National Broadcasting Co. Inc. (In re Focus Media Inc.)
Television stations were properly awarded summary judgment in bankruptcy proceeding. 		Bankruptcy Dec. 20, 2004
Searles v. Riley (In re Searles)
Chapter 7 adversary proceeding seeking determination of discharge and community property issues is not moot when case is converted to Chapter 13. 		Bankruptcy Dec. 6, 2004
Morris v. Peralta (In re Peralta)
Creditor's motion seeking relief from default judgment entered against it for violating automatic stay is denied. 		Bankruptcy Dec. 6, 2004
Kyle v. Dye (In re Kyle)
Bankruptcy trustee's failure to protect record precludes further review. 		Bankruptcy Dec. 6, 2004
Savaria v. United States (In re Savaria)
Tax debt from delinquent return filed after bankruptcy petition does not achieve priority status. 		Bankruptcy Dec. 6, 2004
Kamai v. Long Beach Mortgage Co. (In re Kamai)
Creditor whose secured interest is worth less than property value is entitled to attorney fees despite interest of junior creditor. 		Bankruptcy Nov. 23, 2004
Arkinson v. Frontier Asset Mgmt. LLC (Skagit Pacific Corp.)
Bankruptcy court erred in finding secured creditor was entitled to funds from post-petition accounts receivable. 		Bankruptcy Nov. 23, 2004
Rubin v. Pringle (In re Focus Media Inc.)
Lawyer representing client in bankruptcy matter may receive service of process for client as 'implied agent.' 		Bankruptcy Nov. 16, 2004
President and Board of Ohio University v. Hawkins (In re Hawkins)
Medical student's university subsidy is dischargeable in bankruptcy. 		Bankruptcy Nov. 16, 2004
Bertola v. Northern Wisconsin Produce Company Inc. (In re Bertola)
Prevailing party is not entitled to attorney fees against debtor who involved it in litigation with third parties. 		Bankruptcy Nov. 16, 2004
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