Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-1023
|
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 | |
03-1399
|
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case. |
Bankruptcy |
|
Jan. 11, 2005 | |
02-16958
|
Hansbrough v. Birdsell (In re Hercules Enterprises inc.)
Contempt sanction cannot be deemed nondischargeable in future personal bankruptcy case. |
Bankruptcy |
|
Jan. 10, 2005 | |
04-1119
|
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 | |
04-1319
|
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 | |
04-1113
|
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 | |
03-55808
|
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 | |
04-1173
|
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 | |
03-1619
|
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 | |
03-1620
|
Kyle v. Dye (In re Kyle)
Bankruptcy trustee's failure to protect record precludes further review. |
Bankruptcy |
|
Dec. 6, 2004 | |
04-1136
|
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 | |
04-1013
|
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 | |
03-1637
|
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 | |
03-55858
|
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 | |
03-1490
|
President and Board of Ohio University v. Hawkins (In re Hawkins)
Medical student's university subsidy is dischargeable in bankruptcy. |
Bankruptcy |
|
Nov. 16, 2004 | |
04-1067
|
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 | |
04-1081
|
Beneficial California Inc. v. Villar (In re Villar)
Debtor's service of motion to avoid judicial lien did not comply with Bankruptcy Code. |
Bankruptcy |
|
Nov. 16, 2004 | |
02-35983
|
White v. Nielsen (In re Nielsen)
Creditor's challenge to discharge fails for lack of evidence that discharge was obtained through fraud. |
Bankruptcy |
|
Nov. 9, 2004 | |
03-55858
|
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. 7, 2004 | |
03-1262
|
Frankfort Digital Services Ltd. v. Neary (Reynoso)
Appellants are precluded from relitigating issue of whether they are 'bankruptcy petition preparers.' |
Bankruptcy |
|
Oct. 14, 2004 | |
04-1075
|
Educational Credit Management Corp. v. Mason (In re Mason)
Partial discharge of student loans is proper when partial repayment would not create undue hardship but repayment of total amount would. |
Bankruptcy |
|
Oct. 14, 2004 | |
03-1372
|
Captain Blythers Inc. v. Thompson (In re Captain Blythers Inc.)
Assets which vest in debtor upon confirmation revest in chapter 7 estate upon conversion. |
Bankruptcy |
|
Oct. 13, 2004 | |
03-1344
|
First Federal Bank of California v. Robbins (In re Robbins)
Bankruptcy court will reconsider whether creditor should receive relief from automatic stay to perfect attachment lien. |
Bankruptcy |
|
Oct. 4, 2004 | |
03-1601
|
Security Leasing Partners v. ProAlert (In re ProAlert)
Bankruptcy court may allow use of cash collateral in Chapter 11 case without considering whether requirements for surcharge were met. |
Bankruptcy |
|
Sep. 30, 2004 | |
03-1605
|
Miller v. Snavely (In re Snavely)
Federal creditor that failed to create judgment lien under state law cannot pursue secured claim. |
Bankruptcy |
|
Sep. 30, 2004 | |
03-1529
|
Kearns v. Transamerical Home Loan (In re Kearns)
Exercise of non-judicial remedy against personal property collateral does not make lien on real property unenforceable. |
Bankruptcy |
|
Sep. 30, 2004 | |
03-15487
|
Higgins v. Vortex Fishing Systems Inc.
Bankruptcy court that dismissed involuntary petition may award attorney fees based on 'totality of circumstances.' |
Bankruptcy |
|
Sep. 28, 2004 | |
03-15431
|
Leichty v. Neary (Strand)
Approval of attorney's application for interim payment of fees does not create vested interest permitting court to modify final award amount. |
Bankruptcy |
|
Sep. 24, 2004 | |
02-56772
|
Cellular 101 Inc. v. Channel Communications Inc. (In re Cellular 101 Inc.)
Creditor may recover administrative expense incurred in substantial contribution to reorganization as long as benefits to reorganization outweigh benefit to creditor. |
Bankruptcy |
|
Sep. 20, 2004 | |
04-1096
|
Croston v. Davis (In re Croston)
Debtors have a one-time absolute right of conversion of liquidation case to reorganization or repayment-plan case. |
Bankruptcy |
|
Aug. 27, 2004 |