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Pacific Gas & Electric Co. v. People of State of California
'Notwithstanding' clause of 11 U.S.C. Section 1123(a) expressly pre-empts otherwise applicable nonbankruptcy law relating to financial condition.
Bankruptcy Nov. 25, 2003
Bankruptcy Receivables Management v. Lopez (In re Lopez)
Creditor cannot enforce post-bankruptcy discharge agreement with debtor.
Bankruptcy Nov. 18, 2003
Dressler v. Seeley Co. (In re Silberkraus)
Court properly sanctioned counsel for filing bankruptcy petition for purpose of delaying litigation.
Bankruptcy Oct. 13, 2003
Kelley v. Locke (In re Kelley)
Debtor is not entitled to forced sale protections of automatic homestead exemption.
Bankruptcy Oct. 7, 2003
Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp. v. Universal Service Administration Co. (In re Incomnet Inc.)
Nonprofit corporation that collects and manages telecommunication service contributions qualifies as transferee because it was actual recipient of funds.
Bankruptcy Oct. 6, 2003
Law Offices of David A. Boone v. Derham-Burk (In re Eliapo)
Bankruptcy court properly used two-step approach to award attorney fees for Chapter 13 case.
Bankruptcy Sep. 23, 2003
Stine v. Diamond (In re Flynn)
Co-owner may be ordered to pay costs of selling property in bankruptcy case.
Bankruptcy Aug. 25, 2003
Tanzi v. Comerica Bank-California
Bankruptcy court did not err in using petition date to sustain creditor's objection for residence exemption purposes.
Bankruptcy Aug. 25, 2003
Marriage of Sprague
Attorney who failed to obtain relief from automatic bankruptcy stay cannot pursue fees as non-dischargeable debt.
Bankruptcy Aug. 13, 2003
Young v. Condor Systems Inc. (In re Condor Systems Inc.)
Neither prepetition severance payments nor pre- and postpetition payments by co-obligors affect the statutory cap on allowable claims of terminated employees.
Bankruptcy Aug. 12, 2003
McCowan v. Fraley (In re McCowan)
Bankruptcy court has ancillary jurisdiction to enforce its money judgments after bankruptcy case is closed.
Bankruptcy Aug. 12, 2003
Hanf v. Summers (In re Summers)
California's transmutation statute does not apply when property is transferred from third party to spouses as joint tenants.
Bankruptcy Aug. 3, 2003
40235 Washington Street Corp. v. Lusardi
Good faith purchaser status under 11 U.S.C. Section 549(c) does not create exception to automatic stay provision.
Bankruptcy Jul. 23, 2003
Cal-Micro Inc. v. Cantrell (In re Cantrell)
Corporate officer who is personally liable for fraud may discharge such debt in bankruptcy.
Bankruptcy Jul. 23, 2003
Ybarra v. Boeing North America Inc. (In re Ybarra)
Bankruptcy court erred in concluding attorney fees and costs awarded by state court were not discharged.
Bankruptcy Jul. 22, 2003
Maaskant v. Peck (In re Peck)
Bankruptcy court erred in finding damages caused by debtor's slanderous actions were dischargeable debt.
Bankruptcy Jul. 22, 2003
Garland v. Estate of Maloney (In re Garland)
Order of dismissal of bankruptcy case that was not prepared as separate document was ineffective.
Bankruptcy Jul. 22, 2003
Stinson v. Bi-Rite Restaurant Supply (In re Stinson)
Bankruptcy court did not err in awarding pro rated attorney fees nor in denying retroactive annulment of automatic stay.
Bankruptcy Jul. 16, 2003
Silver Sage Partners Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs)
Appellate court lacks jurisdiction to hear appeal of interlocutory decision of bankruptcy court.
Bankruptcy Jun. 24, 2003
Bevan v. Socal Communications Sites (In re Bevan)
Creditor wasn't equitably subrogated to IRS's claim where creditor eliminated IRS's right of redemption in property once owned by debtors.
Bankruptcy Jun. 24, 2003
Associated Credit Services Inc. v. Campion (In re Campion)
Creditor is liable for automatic stay violation attributable to its computer system.
Bankruptcy Jun. 22, 2003
Gonzalez v. Gottlieb (In re Metro Fulfillment Inc.)
Employees' claims for penalty wages against employer who filed for bankruptcy are entitled to administrative priority.
Bankruptcy Jun. 22, 2003
Varela v. Dynamic Brokers Inc. (In re Dynamic Brokers Inc.)
Bankruptcy court's disallowance of creditor's claim and confirmation of debtor's amended plan were error.
Bankruptcy Jun. 18, 2003
Saxman v. Educational Credit Management Corp. (In re Saxman)
Bankruptcy court may exercise its equitable authority to partially discharge student loan.
Bankruptcy Jun. 16, 2003
Atwood v. Chase Manhattan Mortgage Co. (In re Atwood)
Creditor's proof of claim may include attorney fees allowed under mortgage agreement, but fees must be reasonable.
Bankruptcy Jun. 3, 2003
Franklin v. Four Media Co. (In re Mike Hammer Productions Inc.)
Third party lacks standing to seek damages against creditor who improperly filed involuntary bankruptcy petition against debtor.
Bankruptcy Jun. 3, 2003
Miles v. Okun (In re Miles)
Bankruptcy law pre-empts state law tort remedies for filing involuntary bankruptcies.
Bankruptcy Jun. 3, 2003
Fjeldsted v. Lien (In re Fjeldsted)
Bona fide purchaser status alone is not exception to automatic stay of foreclosure sale nor cause to annul stay.
Bankruptcy Jun. 3, 2003
Smith v. Lachter (In re Smith)
Bankruptcy court must decide whether creditor timely renewed judgment against debtor.
Bankruptcy Jun. 3, 2003
Cassel v. Kolb (In re Kolb)
Despite disclaimer of interest, contingent interest which was declared on debtor's loan applications is asset of bankruptcy estate.
Bankruptcy May 30, 2003