Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-15958
|
In re Fillbach
Court can dismiss petition filed in attempt to circumvent vexatious litigant order entered by bankruptcy court. |
Bankruptcy |
|
Nov. 2, 2000 | |
99-15742
|
Poole v. Smith (In Re Poole)
Attorney admitted to practice in federal district court may not be denied fees for not being member of that state's bar. |
Bankruptcy |
|
Nov. 2, 2000 | |
99-55204
|
Adams v. Anderson (In re Superior Stamp & Coin Co. Inc.)
Third party loan to debtor specified for repayment of particular debt doesn't fall outside scope of 'earmarking doctrine' because not paid directly to creditor. |
Bankruptcy |
|
Nov. 2, 2000 | |
99-6116
|
Manchester v. Annis
Tax refund may not be exempted from bankruptcy estate because it is not earnings from personal services. |
Bankruptcy |
|
Oct. 24, 2000 | |
99-1531
|
Polo Building Group Inc. v. Rakita (In re Shubov)
Sanctions award that is procedurally defective because it violates 'safe harbor' provision may be affirmed under different federal law. |
Bankruptcy |
|
Oct. 22, 2000 | |
98-56166
|
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum. |
Bankruptcy |
|
Oct. 5, 2000 | |
99-15441
|
County of Santa Cruz v. Cervantes (In re: Cervantes)
Absent parents' debt to county for prejudgment payments cannot be discharged in bankruptcy. |
Bankruptcy |
|
Oct. 5, 2000 | |
98-35731
|
Omega Environmental Inc., v. Valley Bank NA (In re Omega Environmental Inc.)
Under the UCC, bank perfects its security interest in certificate of deposit by possession. |
Bankruptcy |
|
Oct. 5, 2000 | |
99-15841
|
Cedic Development Co. v. Warnicke
Rates that do not take into account results obtained or risk of nonpayment warrant enhancement of lodestar to provide attorneys reasonable compensation. |
Bankruptcy |
|
Oct. 5, 2000 | |
98-55101
|
Spirtos v. Moreno (In re Spirtos)
Creditor has 30 days after notice of termination of automatic stay in debtor's estate to renew judgment. |
Bankruptcy |
|
Oct. 4, 2000 | |
98-56795
|
Smith v. Kennedy (In Re Smith)
Adjournment of creditors' hearing 'until further notice' does not conclude the hearing. |
Bankruptcy |
|
Oct. 4, 2000 | |
99-15367
|
Kadjevich v. Kadjevich (In re Kadjevich)
Creditor's claim for attorney fees arising from prepetition fraud action against debtor is not given administrative-expense priority. |
Bankruptcy |
|
Oct. 4, 2000 | |
98-35248
|
United States v. Hatton (In re Hatton)
Outstanding tax liability requiring tax return to be filed renders debt non-dischargeable. |
Bankruptcy |
|
Oct. 4, 2000 | |
98-55965
|
Roosevelt v. Ray (In re Roosevelt)
Wife's interest in husband's legal education has no value when education was neither paid for with community funds nor increased husband's earning capacity. |
Bankruptcy |
|
Oct. 4, 2000 | |
99-35248
|
Pletz v. United States (In re Pletz)
Debtor's interest in property held with nondebtor spouse as tenants by entirety must be valued to reflect concurrent interests of both spouses. |
Bankruptcy |
|
Oct. 4, 2000 | |
99-1638
|
Dolven v. Bartleson (In re Bartleson)
Creditor of nondischargeable debt may exercise collection rights outside reorganization plan that does not expressly preclude such activity. |
Bankruptcy |
|
Oct. 2, 2000 | |
99-1644
|
Vasquez v. Adair (In re Adair)
Absent request for further information by trustee, debtor does not have ongoing duty to update information in bankruptcy schedules. |
Bankruptcy |
|
Oct. 2, 2000 | |
99-1750
|
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt. |
Bankruptcy |
|
Oct. 2, 2000 | |
00-1151
|
Olson v. Derham-Burk (In re Olson)
Individual debtor may not amend bankruptcy petition under Chapter 13 to include joint petition from spouse. |
Bankruptcy |
|
Oct. 2, 2000 | |
98-3149
|
Williamson v. Jones (In re Montgomery)
Order |
Bankruptcy |
|
Sep. 20, 2000 | |
98-4211 and 98-4217
|
Homestead Golf Club Inc. v. Pride Stables
Oral discussion does not lead to a binding contract when material terms are omitted. |
Bankruptcy |
|
Sep. 20, 2000 | |
99-3339
|
Via Christi Regional Medical Center v. Englehart (In re Englehart)
Order |
Bankruptcy |
|
Sep. 19, 2000 | |
99-6156
|
Plotner v. AT&T Corporation
Challenge to sale of property under bankruptcy reorganization plan fails under doctrine of res judicata. |
Bankruptcy |
|
Sep. 19, 2000 | |
99-1480
|
Arnold v. Gill (In re Arnold)
Amendment to exemptions being considered in Chapter 7 action are not in bad faith or prejudicial merely because they are untimely. |
Bankruptcy |
|
Sep. 11, 2000 | |
99-1837
|
Stoll v. Quintanar (In Re Stoll)
Individual beneficiaries of bankruptcy estate do not have standing to sue professionals employed by trustee. |
Bankruptcy |
|
Sep. 11, 2000 | |
99-55503
|
Leibowitz v. County of Orange
Absent parent owing money to county for child support payments may not discharge such debt in bankruptcy. |
Bankruptcy |
|
Aug. 31, 2000 | |
99-1265
|
Moen v. Hull (In re Hull)
Income of non-debtor spouse in community property state cannot be excluded from debtor spouse's Chapter 13 plan. |
Bankruptcy |
|
Aug. 29, 2000 | |
98-17313
|
Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.)
Trustee has standing under 11 U.S.C. Section 307 to appeal bankruptcy judge's decision. |
Bankruptcy |
|
Aug. 25, 2000 | |
99-16413
|
S.S. Retail Stores Corp. v. Ekstrom
Law firm not required to disgorge attorney fees and costs when its representation is approved by bankruptcy court. |
Bankruptcy |
|
Aug. 24, 2000 | |
98-55099
|
Neary v. Padilla (In re Padilla)
Debtor's bad faith accumulation of consumer debt in anticipation of filing for bankruptcy does not constitute 'cause' for dismissal under Chapter 7. |
Bankruptcy |
|
Aug. 21, 2000 |