Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-042
|
Zubrod v. Duncan (In re Duncan)
Trustee is required to turn over $10,000 to debtor under homestead exemption despite fraudulent property transfer judgment. |
Bankruptcy |
|
Jan. 9, 2002 | |
01-13050
|
Baroway & Dawson v. Euell (In re Euell)
Third party law firm seeking legal fees as nondischargeable debt does not have standing to assert claim. |
Bankruptcy |
|
Jan. 9, 2002 | |
01-1069
|
Labib-Kiyarash v. McDonald (In re Labib-Kiyarash)
Bankruptcy court errs in holding that plan unfairly discriminated against other unsecured creditors without first applying applicable test to determine unfair discrimination. |
Bankruptcy |
|
Jan. 7, 2002 | |
01-1059
|
Stephens v. Bigelow (In re Bigelow)
Default judgment does not support 'actually litigated' requirement to apply issue preclusion. |
Bankruptcy |
|
Jan. 7, 2002 | |
01-1240
|
Aetna U.S. Healthcare Inc. v. Madigan (In re Madigan)
Debtor's right to postpetition disability benefits didn't arise from same transaction as first disability claim, thus recoupment wasn't available to creditor. |
Bankruptcy |
|
Jan. 7, 2002 | |
00-35075
|
In re Schmitz (Sliney v. Battley)
Fisherman's quota certificates are not part of bankruptcy estate since regulations authorizing certificates were not passed on the day of filing. |
Bankruptcy |
|
Jan. 7, 2002 | |
01-0899
|
Sanchez v. Weiss Inc. (In re Sanchez )
Written notice disputing validity of debt is not required under Fair Debt Collection Practices Act. |
Bankruptcy |
|
Dec. 27, 2001 | |
00-1512
|
In re Western Pacific Airlines Inc.
Planes rented by airline that petitioned for bankruptcy cannot be seized to pay outstanding taxes. |
Bankruptcy |
|
Dec. 18, 2001 | |
99-56038
|
Beal Bank v. Crystal Properties (In re Crystal Properties)
Default interest rates will not apply until debtor is affirmatively put on notice that option to accelerate will be exercised. |
Bankruptcy |
|
Dec. 6, 2001 | |
00-35019
|
Spieker Properties LP v. SPEC Liquidating Trust (In re Southern Pacific Funding Corp.)
Bankruptcy reorganization plan requiring payment of 'double dividend' to senior creditors is lawful. |
Bankruptcy |
|
Dec. 6, 2001 | |
99-1344
|
In re: Integra Realty Resources, Inc.
Non-settling defendants lacked standing where they failed to intervene in action and did not suffer legal prejudice as result of settlement. |
Bankruptcy |
|
Nov. 19, 2001 | |
99-55853
|
Federal Deposit Insurance Corp. v. County of Orange (In re County of Orange)
As receiver, Federal Deposit Insurance Corporation is liable to county for pre-receivership real property tax delinquent penalties. |
Bankruptcy |
|
Nov. 18, 2001 | |
00-15259
|
Liberty Tools Manufacturing v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Objective test should be employed when determining if dispute is bona fide for purposes of filing involuntary bankruptcy. |
Bankruptcy |
|
Nov. 18, 2001 | |
01-1017
|
Einstein/Noah Bagel Corp. v. Smith (In re BCE West)
Debtor-lessors are not required to pay relocation expenses of sublease tenant. |
Bankruptcy |
|
Nov. 13, 2001 | |
00-15085
|
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes. |
Bankruptcy |
|
Nov. 13, 2001 | |
99-17030
|
Security Farms v. General Teamsters (In re General Teamsters, Warehousemen and Helpers Union, Local 890)
International parent union does not have equity interest in local union's bankruptcy liquidation. |
Bankruptcy |
|
Nov. 13, 2001 | |
99-35946
|
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers. |
Bankruptcy |
|
Nov. 13, 2001 | |
00-083
|
Carter-Waters Oklahoma, Inc. v. Bank One Trust Co. (In re Eufaula Industrial Authority)
Claim of subordination is properly denied where there is no showing of inequitable conduct by construction bond holder. |
Bankruptcy |
|
Nov. 12, 2001 | |
00-1566
|
In re Beaty (Selinger v. Beaty)
Laches may not serve as affirmative defense in dischargeability proceeding. |
Bankruptcy |
|
Nov. 11, 2001 | |
01-1114
|
Cantrell v. Cal-Micro Inc. (In re Cantrell)
Corporate officer assessed damages for breaching fiduciary duty is not barred from discharging damages in bankruptcy. |
Bankruptcy |
|
Nov. 11, 2001 | |
00-1648
|
Kir Temecula LP v. LPM Corp. (In re LPM Corp.)
Automatic stay in tenant's bankruptcy proceeding prevents landlord from enforcing writ of execution for back rent. |
Bankruptcy |
|
Nov. 11, 2001 | |
00-1808
|
Belli v. Temkin (In re Belli)
Because order granting partial summary judgment lacks Federal Rule of Civil Procedure 54(b) certification, bankruptcy appellate court lacks jurisdiction to hear appeal. |
Bankruptcy |
|
Nov. 4, 2001 | |
00-55339
|
Banks v. Gill Distribution Centers, Inc.(In re Banks)
Despite statute of limitations bar on state law claim of fraud, a bankruptcy court may still determine fraud issues in dischargeability hearing. |
Bankruptcy |
|
Oct. 30, 2001 | |
01-17528
|
In re Anthem Communities/RBG
Bank's motion for reconsideration is denied because, among other things, it failed to satisfy its initial burden for relief from stay. |
Bankruptcy |
|
Oct. 29, 2001 | |
01-1043
|
In re Hill
'However' clause does not apply to preclude debtor from showing that plan classification discriminated against creditors. |
Bankruptcy |
|
Oct. 21, 2001 | |
00-1370
|
Gschwend v. Markus (In re Markus)
Untimely bankruptcy claim may proceed because it 'relates back' to earlier complaint that was timely filed. |
Bankruptcy |
|
Oct. 21, 2001 | |
00-15006
|
Lieberman v. Hawkins (In re Lieberman)
Individual's arrangement to use specified assets for retirement purposes is not exempt as 'private retirement plan' under California statute. |
Bankruptcy |
|
Oct. 8, 2001 | |
01-1099
|
Franceschi v. State Bar Court (In re Franceschi)
State Bar is immune from suit in federal court, and court properly abstained from granting injunctive relief. |
Bankruptcy |
|
Oct. 7, 2001 | |
99-17202
|
Kieslich v. U.S. (In re Kieslich)
Because government failed to object before bankruptcy court to its retention of jurisdiction in debtor's suit, government waives that argument. |
Bankruptcy |
|
Oct. 4, 2001 | |
00-1195
|
Warfel v. City of Saratoga (In re Warfel)
Debtor's civil restitution judgment owed to city and imposed as condition of probation in criminal proceeding is nondischargeable. |
Bankruptcy |
|
Oct. 4, 2001 |