Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-016
|
El Paso Properties Corp. v. Gonzales (In re Furr's Supermarkets Inc.)
Only prorated portion of lease obligation may be assessed against estate in bankruptcy case. |
Bankruptcy |
|
Sep. 22, 2002 | |
01-56047
|
In re Pacific/West Communications Group, Inc. (Fifteenth RMA Partners, L.P. v. Pacific/West Communications Group, Inc.)
Former regulation precluding attachment of tort proceeds applies where attachment occurred prior to law's revision. |
Bankruptcy |
|
Sep. 8, 2002 | |
01-55656
|
Carrillo v. Su (In re Su)
Tort judgment for negligence committed with 'malice' may be dischargeable in bankruptcy. |
Bankruptcy |
|
Sep. 3, 2002 | |
02-1282
|
Official Committee of Unsecured Creditors v. Henry Mayo Newhall Memorial Hospital (In re Henry Mayo Newhall Memorial Hospital)
Bankruptcy court properly granted Chapter 11 debtor extension on periods of exclusivity under 11 U.S.C. Sections 1121(b) and (c). |
Bankruptcy |
|
Sep. 2, 2002 | |
02-019
|
Schott v. WhHy Federal Credit Union (In re Schott)
Differences between reaffirmation agreement and original note do not render agreement ambiguous. |
Bankruptcy |
|
Aug. 28, 2002 | |
02-015
|
Beach v. Morris (In re Beach)
Debtors are required to provide copies of federal and state tax returns to Chapter 7 trustee. |
Bankruptcy |
|
Aug. 28, 2002 | |
02-002
|
Michaels v. Zubrod (In re Michaels)
Debtor is not entitled to exemption for cash-surrender value of life insurance policy under Wyoming law. |
Bankruptcy |
|
Aug. 27, 2002 | |
01-3129
|
Tuttle v. U.S. (In re Tuttle)
Debtor is liable for gap interest that accrued on prepetition tax debt. |
Bankruptcy |
|
Aug. 8, 2002 | |
01-1525
|
Williams v. Swenson (In re Williams)
Bankruptcy court correctly relied upon state court's ruling even though it was on appeal. |
Bankruptcy |
|
Aug. 5, 2002 | |
01-28602
|
U.S. Trustee v. Summerrain (In re Avery)
Bankruptcy petition preparer who failed to provide own name, address, signature and Social Security number on filings is subject to fines. |
Bankruptcy |
|
Jul. 29, 2002 | |
01-1627
|
Price v. U.S. Trustee (In re Price)
Dismissal of Chapter 7 case for substantial abuse was proper where debts were primarily consumer debts and debtor could fund Chapter 13 plan. |
Bankruptcy |
|
Jul. 22, 2002 | |
00-24095
|
In re Black
Pickup truck used by self-employed building contractor qualifies as exempt asset. |
Bankruptcy |
|
Jul. 17, 2002 | |
01-1566
|
Value T Sales Inc. v. Mitchell (In re Mitchell)
Avoidance provision of bankruptcy code doesn't except post-petition foreclosure sale to good faith purchaser from automatic stay. |
Bankruptcy |
|
Jul. 8, 2002 | |
02-11519
|
In re CCI Wireless LLC
Court doesn't require debtor's rent to be prorated for the month of February. |
Bankruptcy |
|
Jul. 3, 2002 | |
01-1423
|
Harris v. U.S. Trustee (In re Harris)
Federal trustee opposing bankruptcy relief failed to show debtors' expenses were unreasonable. |
Bankruptcy |
|
Jun. 23, 2002 | |
01-1207
|
Demos v. Brown (In re Graves)
Denial of post-hearing motion challenging permanent injunction is error because there was inadequate notice that injunction would be considered. |
Bankruptcy |
|
Jun. 23, 2002 | |
01-1048
|
Shook v. CBIC (In re Shook)
Debtors' objection to secured creditor's claim four and one-half years after plan confirmation and payment is barred by laches. |
Bankruptcy |
|
Jun. 16, 2002 | |
02-1124
|
In re Salter
Bankruptcy appellate panel is authorized to issue writs of mandamus. |
Bankruptcy |
|
Jun. 16, 2002 | |
01-1391
|
Hanf v. Summers (In re Summers)
Spouses' property held as joint tenants was not transmuted to community for purposes of determining debtor's estate. |
Bankruptcy |
|
Jun. 16, 2002 | |
01-0074
|
In re: the Certified Questions Requested by the U.S. Bankruptcy Court
Court determines effect of subordination agreement between first and third priority lienholders. |
Bankruptcy |
|
Jun. 6, 2002 | |
00-16280
|
Diamond v. Kolcum (In re Diamond)
State court judgment was entitled to preclusive effect in nondischargeability proceeding. |
Bankruptcy |
|
Jun. 4, 2002 | |
01-35001
|
American General Finance Inc. v. Bassett (In re Bassett)
Reaffirmation agreement with clear and conspicuous right-to-rescind provision is enforceable. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-35474
|
In re Stanton (Beeler v. Harrison Jewell)
New lien was not created where additional financing was provided after filing of Chapter 7 bankruptcy. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-56541
|
Onink v. Cardelucci (In re Cardelucci)
Post-petition interest of unsecured debt is calculated according to federal rather than state interest rate. |
Bankruptcy |
|
Jun. 4, 2002 | |
00-1657
|
Com-1 Info Inc. v. Wolkowitz (In re Maximus Computers Inc.)
Statute requiring 'special litigation counsel' in bankruptcy proceeding is permissive. |
Bankruptcy |
|
Jun. 3, 2002 | |
01-1388
|
S & C Home Loans v. Farr (In re Farr)
Creditor's attempted lien upon nonexempt property was improperly 'avoided' by bankruptcy court. |
Bankruptcy |
|
Jun. 3, 2002 | |
99-56956
|
McGhan v. Rutz (In re McGhan )
State court lacks jurisdiction to determine whether creditor received adequate notice of discharge in bankruptcy proceeding. |
Bankruptcy |
|
May 13, 2002 | |
01-029
|
Carbaugh v. Carbaugh (In re Carbaugh)
Debtor's interest in ERISA-qualified plan is excluded from bankruptcy estate. |
Bankruptcy |
|
May 13, 2002 | |
01-1315
|
In re Aheong
In Chapter 13 proceeding, bankruptcy court's jurisdiction to issue Reopening Order and Order Annulling Stay was proper. |
Bankruptcy |
|
Apr. 29, 2002 | |
01-4085
|
Allen v. Geneva Steel Co. (Geneva Steel Co.)
Claim alleging fraud in retention of security is not a general unsecured claim. |
Bankruptcy |
|
Apr. 24, 2002 |